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Bihar Renewable Energy Development Agency

2rd Floor, Vidyut Bhawan, Building-II, South Wing, Bailey Road, Patna- 800021, Bihar
Tel: +91-612-2505734 Fax: +91-612-2505572
Email: breda@breda.in
Website: http://www.breda.bih.nic.in

Bihar Renewable Energy Development Agency

Invites

REQUEST FOR PROPOSAL (RFP)


FOR
SELECTION OF BIDDERS FOR IMPLEMENTATION
OF GRID CONNECTED ROOFTOP SYSTEMS
UNDER RESCO MODEL FOR AGGREGATED
CAPACITY OF
10 MWP

RfP No:
BREDA/TENDER/SPV/GCRTPV/RESCO/1kWp-
500kWp/06/2018-19

Issued by
Bihar Renewable Energy Development Agency
2rd Floor, Vidyut Bhawan, Building-II, South Wing,
Bailey Road, Patna- 800001, Bihar
Tel: +91-612-2505734
Fax: +91-612-2505572
Email: breda@breda.in

[Status] Page I of XI
Bihar Renewable Energy Development Agency
2rd Floor, Vidyut Bhawan, Building-II, South Wing, Bailey Road, Patna- 800001, Bihar
Tel: +91-612-2505734 Fax: +91-612-2505572
Email: breda@breda.in
Website: http://www.breda.bih.nic.in

Table Of Contents

A. BID DESCRIPTION ........................................................................................................... V

B. DEFINITIONS & ABBREVIATION................................................................................ VII

C. INTERPRETATION .......................................................................................................... XI

SECTION I. INTRODUCTION ...................................................................................................................... 1

SECTION II. BID DETAILS ........................................................................................................................ 2

SECTION III. CONDITION PRECEDENT................................................................................................. 3

SECTION IV. INSTRUCTION TO BIDDERS ............................................................................................ 5

SECTION V. BID EVALUATION ............................................................................................................ 18

SECTION VI. TERMS AND CONDITION FOR SUBSIDY PAYMENT ............................................... 21

SECTION VII. CHECKLIST ........................................................................................................................ 22

SECTION VIII. FINANCIAL BID FORMAT ............................................................................................. 23

SECTION IX. TECHNICAL BID FORMAT ............................................................................................. 25

SECTION X. FORMATS FOR SUBMITTING RFP ............................................................................... 27

ANNEXURE I ......................................................................................................................... 51

ANNEXURE II ........................................................................................................................ 52

ANNEXURE III....................................................................................................................... 54

[Status] Page II of XI
Bihar Renewable Energy Development Agency
2rd Floor, Vidyut Bhawan, Building-II, South Wing, Bailey Road, Patna- 800001, Bihar
Tel: +91-612-2505734 Fax: +91-612-2505572
Email: breda@breda.in
Website: http://www.breda.bih.nic.in

RfP No. : BREDA/TENDER/SPV/GCRTPV/RESCO/1kWp-500kWp/06/2018-19


Bihar Renewable Energy Development Agency, invites Bids from the Bidder to participate
through this Request for Proposal (RfP) for Selection of Bidders for Implementation of Grid
Connected Rooftop Systems under RESCO Model for a Capacity of 10 MWp at various
locations in the state of Bihar. The Grid connected projects must be categorized under net
metering arrangement as specified under BERC (Grid Connected Net Metering)
Regulations, 2018 and their respective amendments/ substitutions.
For the implementation of above mentioned work, Bidder should submit their bid proposal
along with non-refundable Bid Processing Fee and all requisite documents complete in all
respects on or before up to 09.04.2019 at 14:00 Hrs in the office of Bihar Renewable Energy
Development Agency at 2rd Floor, Vidyut Bhawan, Building-II, South Wing, Bailey Road,
Patna- 800021, Bihar in prescribed format. Bid proposals received without the prescribed Bid
Processing Fee and Bid Security will be rejected. In the event of any date indicated above is
a declared Holiday, the next working day shall become operative for the respective purpose
mentioned herein. Technical Bid will be opened on at 09.04.2019 at 15:30 Hrs in the
presence of authorized representatives of Bidder who wish to be present.
Bid documents which include eligibility criteria, technical specifications, various conditions of
Agreement, formats, etc. can be viewed from Bihar Renewable Energy Development
Agency’s website http://www.breda.bih.nic.in and can be downloaded from
http://www.eproc.bihar.gov.in for online submission.

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Bihar Renewable Energy Development Agency
2rd Floor, Vidyut Bhawan, Building-II, South Wing, Bailey Road, Patna- 800001, Bihar
Tel: +91-612-2505734 Fax: +91-612-2505572
Email: breda@breda.in
Website: http://www.breda.bih.nic.in

DISCLAIMER:
1. Though adequate care has been taken while preparing the RFP document (inclusive
of Formats and Annexures), the Bidder shall satisfy themselves that the document is
complete in all respects. Intimation of any discrepancy shall be given to this office
immediately. If no intimation is received from prospective Bidder on or before pre-bid
meeting date, it shall be considered that the RFP document is complete in all
respects and has been received by the Bidder. Bidder shall be responsible to read all
clauses in conjunction with PPA (Part of RFP, in the form of Annexure).
2. Nodal Agency reserves the right to modify, amend or supplement RFP documents
including all formats and annexure at any time before Bid submission date. Interested
Bidders are advised to follow and keep track of Nodal Agency’s web-site for updated
information. Nodal Agency is not obligated to send/ communicate separate
notifications for such notices/ amendments/ clarification etc. in the print media or
individually. Nodal Agency shall not be responsible and accountable for any
consequences to any party.
3. While this RFP has been prepared in good faith, neither Nodal Agency nor their
employees or advisors make any representation or warranty, expressed or implied,
or accept any responsibility or liability, whatsoever, in respect of any statement or
omissions herein, or the accuracy, completeness or reliability of information and shall
incur no liability under any law, statute, rules or regulations as to the accuracy,
reliability or completeness of this RFP, even if any loss or damage is caused by any
act or omission on their part.
4. The capitalized term or any other terms used in this RFP, unless as defined in RFP
or repugnant to the context, shall have the same meaning as assigned to them by the
Electricity Act, 2003 or Company Act, 1956/2013 or Indian Partnership Act, 1932 or
Limited Liability Partnership Act, 2008 or Income Tax Act, 1961 and the rules or
regulations framed under these Acts.

[Status] Page IV of XI
Bihar Renewable Energy Development Agency
2rd Floor, Vidyut Bhawan, Building-II, South Wing, Bailey Road, Patna- 800001, Bihar
Tel: +91-612-2505734 Fax: +91-612-2505572
Email: breda@breda.in
Website: http://www.breda.bih.nic.in

A. BID DESCRIPTION
Document Description Request for Proposal (RfP) for Selection of Bidders for
Implementation of Grid Connected Rooftop Systems
under RESCO Model aggregating to about 10 MWp at
various locations in the state of Bihar
RFP No. BREDA/TENDER/SPV/GCRTPV/RESCO/1kWp-
500kWp/06/2018-19
RFP Purchase Date Up to 08.04.2019 at 12:00 Hrs.
(ONLINE only)
Broad Scope Design, Engineering, Supply, Installation, Testing and
Commissioning along with Comprehensive Operation &
Maintenance (for twenty five (25) Operational Years of
Grid Connected Roof Top Solar PV Projects for Sale of
Solar Power aggregating to capacity of about 10 MWp
under RESCO Model at various locations in the state of
Bihar.
Pre-bid Meeting A pre-bid meeting will be held on 25.03.2019 at 11.00
Hrs at Bihar Renewable Energy Development Agency,
2nd Floor, “Vidyut Bhawan”, Building-II, South Wing,
Bailey Road, Patna – 800001. Interested Bidder may
send their representatives to attend the same.
Last date & Time of 08.04.2019 up to 23:30 Hrs
Submission of Bid submission
(ONLINE only)
Last date & Time of 09.04.2019 at 14:00 Hrs
Submission of Technical bid
(HARD copies)
Bid Opening (Technical) 09.04.2019 at 15:30 Hrs
Bid Opening (Financial) To be informed later after technically qualified bidder
(For any modification in Date, time and venue for
Financial Bid opening shall be updated on our website.
Bidders are advised to keep tracking of the same).
Bid Processing Fee (non- Non-Refundable INR 50,000.00 to be paid through
refundable) (Demand Draft (DD) in favor of “Bihar Renewable
Energy Development Agency" payable at Patna. (Bank
details: - A/c No. - 50091813870, Allahabad Bank,
Patna Main Branch, IFSC CODE: -ALLA0210003).
Separate Tender processing fee of Rs. 1180/- to be paid
through online mode i.e. internet payment gateway
(Debit/credit card, Net banking, NEFT, RTGS).
No exemption towards processing fees or E-tendering
fees is allowed to any type of organizations/ agencies
including MSMEs or any Govt. / semi Govt. / PSUs.
Bid Security Interested Bidder shall furnish Bid Security of required
amount for each Project Group for which Bidder is
placing Bid. Bidders placing Bid for more than one
Project Group could furnish single Bid Security of value
equivalent to the sum of the of Bid Securities required for
[Status] Page V of XI
Bihar Renewable Energy Development Agency
2rd Floor, Vidyut Bhawan, Building-II, South Wing, Bailey Road, Patna- 800001, Bihar
Tel: +91-612-2505734 Fax: +91-612-2505572
Email: breda@breda.in
Website: http://www.breda.bih.nic.in

each Project Groups in which Bidder is participating. The


Bid Security shall be INR 2.75 Lacs per Mega Watt
(MW) shall be in the form of cross Demand Draft drawn
in favour of “Bihar Renewable Energy Development
Agency” payable at Patna from a nationalized/
scheduled bank, or FDR in favour of Bihar Renewable
Energy Development Agency through A/C of bidder or
bank guarantee as per prescribed FORMAT 4.
No exemption towards Bid Security is allowed to any
type of organizations/ agencies including MSMEs or any
Govt. / semi Govt. / PSUs.
Bank Guarantee (“BG”) Successful Bidder shall be required to furnish a Bank
Guarantee (“BG”) as per the provisions of Clause 16
Update on this RFP Bidders are advised to keep tracking of changes/
updates/ corrigendum regarding this RFP on
http://www.eproc.bihar.gov.in
Address for Bid submission/ Director
correspondence
Bihar Renewable Energy Development Agency
2rd Floor, Vidyut Bhawan, Building-II, South Wing,
Bailey Road, Patna- 800021, Bihar
Tel : +91-612-2505734
Fax: +91-612-2505572
Email: breda@breda.in
Website: http://www.breda.bih.nic.in

[Status] Page VI of XI
Bihar Renewable Energy Development Agency
2rd Floor, Vidyut Bhawan, Building-II, South Wing, Bailey Road, Patna- 800001, Bihar
Tel: +91-612-2505734 Fax: +91-612-2505572
Email: breda@breda.in
Website: http://www.breda.bih.nic.in

B. Definitions & Abbreviation


In this “Bid / RFP Document” the following words and expression will have the meaning as
herein defined where the context so admits:
1. “Affiliate” shall mean a Company / Limited Liability Partnership (LLP)
Firm/ Partnership Firm/ Sole Proprietor that directly or
indirectly
i. controls, or
ii. is controlled by, or
iii. is under common control, with
a Bidder and control means ownership by one
Bidder/member of at least 26% paid up equity capital in any
other Bidder/member. Any bank or financial institution shall
not be considered as Affiliate.
2. “B.I.S” shall mean specifications of Bureau of Indian Standards
(BIS);
3. “Bid” shall mean the Technical and Financial proposal submitted
by the Bidder along with all
documents/credentials/attachments annexure etc., in
response to this RFP, in accordance with the terms and
conditions hereof;
4. “Bidder(s)” shall mean bidding Company/Limited Liability Partnership
(LLP) firm/ Partnership Firm/ Sole Proprietor or
Consortium/Joint Venture in any form submitting the Bid.
Any reference to the Bidder includes its successors,
executors and permitted assigns as the context may
require;
5. “Bidding shall refer to a group of bidding Company/Limited Liability
Consortium or Partnership (LLP) firm/ Partnership Firm/ Sole Proprietor
Consortium” that has collectively made a Bid, in response to RFP for the
project.
6. “Bid Deadline” shall mean the last date and time for submission of Bid in
response to this RFP as specified in Bid Information Sheet;
7. “Bid Security” shall mean Bid Security to be submitted by the Bidder along
with the Bid as per clause 3.19;
8. “CEA” shall mean Central Electricity Authority;
9. “CERC” shall mean Central Electricity Regulatory Commission
10. “Capacity In a Year shall mean the ratio of the output of the SPV
Utilization Factor” Power Plant in a Year versus installed Project capacity x
OR “CUF” 365 x 24.
(CUF = Cumulative Project output in kWh / (installed Project
capacity in kWp x 24 x 365));
However, for demonstration of successful Completion, CUF
shall mean the ratio of the output of the SPV Power Plant in
a day versus installed Project capacity x 1 x 24, adjusted to
seasonality as per provisions of Clause 19.
11. “Chartered shall mean a person practicing in India or a firm whereof all
Accountant” the partners practicing in India as a Chartered
Accountant(s) within the meaning of the Chartered
Accountants Act, 1949;
12. “Competent shall mean The Director of Bihar Renewable Energy
Authority” Development Agency, himself and/or a person or group of
persons nominated by him for the mentioned purpose
herein;

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Bihar Renewable Energy Development Agency
2rd Floor, Vidyut Bhawan, Building-II, South Wing, Bailey Road, Patna- 800001, Bihar
Tel: +91-612-2505734 Fax: +91-612-2505572
Email: breda@breda.in
Website: http://www.breda.bih.nic.in

13. “Completion” shall mean supply and erection/installation of the Project


and demonstration of CUF as per provisions of Clause 19
14. “Commissioning” shall mean demonstration of successful operation of the
Grid Connected Project or part thereof, in accordance with
prevailing regulations and as per Article 5 of in Scope of
Work section of PPA, by the Power Producer;
15. “Commercial shall mean the day when full PPA Capacity of the Project
Operation Date” shall be commissioned;
or “COD”
16. “Company” shall mean a body incorporated in India under the
Companies Act, 1956 or Companies Act, 2013 including any
amendment thereto;
17. “Comprehensive shall mean insurance, warranty, spare parts and operation
Operation and & maintenance of Projects during the term of the PPA;
Maintenance” or
“Comprehensive
O&M”
18. “Day(s)” shall mean a 24 (twenty four) hour period beginning at
00:00 hours Indian Standard Time and ending at 23:59:59
hours Indian Standard Time;
19. “Effective Date” shall mean date of execution of PPA between Power
Producer and Procurer;
20. “Eligibility shall mean the Eligibility Criteria as set forth in this RFP;
Criteria”
21. “Eligible shall mean the Bidder who, after evaluation of their
Bidder(s)” Technical Bid as per Eligibility Criteria, stand qualified for
opening and evaluation of their Financial Bid
22. “Expiry Period” shall mean the 25th anniversary of the SCOD of the Project;
23. “Financial Bid” shall mean online financial Bid, containing the Bidder’s
quoted First Year Tariff as per format given in RFP;
24. “First Operational shall mean the period commencing from the Initial Part
Year” Commissioning and expiring at the end of the Calendar
Month in which Project completes twelve (12) Months from
the COD of PPA Capacity;
25. “Free reserves” means free reserves as defined in definition No. 43 in
Companies Act, 2013.
26. “IEC” shall mean specifications of International Electro technical
Commission;
27. “Initial Part shall mean the commissioning of first part capacity of PPA
Commissioning” Capacity by Power Producer, and shall mean COD if the
entire project is commissioned together;
28. “Inspecting shall mean the authority designated by the competent
Authority” authority for the said purpose;
29. “kWp” shall mean KiloWatt Peak;
30. “kWh” shall mean KiloWatt Hour;
31. “LICA” shall mean Letter Inviting Consent for Agreement;
32. “Lead Member” shall mean the member of Bidding Consortium/Joint
Venture which is designated as leader of the Consortium by
other member to represent them as Bidder for this RFP;
33. “MNRE” shall mean Ministry of New and Renewable Energy,
Government of India;
34. “Month(s)” shall mean a calendar month as per the Gregorian calendar;
35. “MWp” shall mean Mega Watt Peak;
36. “Nodal Agency” shall mean the Bihar Renewable Energy Development
Agency;

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Bihar Renewable Energy Development Agency
2rd Floor, Vidyut Bhawan, Building-II, South Wing, Bailey Road, Patna- 800001, Bihar
Tel: +91-612-2505734 Fax: +91-612-2505572
Email: breda@breda.in
Website: http://www.breda.bih.nic.in

37. “Operational The First Operational Year and thereafter each period of 12
Year(s)” (twelve) Months till the Expiry Date of PPA. It is pertinent
that, last Operational Year would get shortened by number
of months by which Commissioning of Project got delayed
from the SCOD;
38. “Part shall mean the Commissioning of capacity lower than the
Commissioning” PPA capacity for the purpose of receiving the
Commissioning certificate for part capacity;
39. “Paid-up share means the paid up share capital as defined in Section 2 of
capital” the Company Act, 2013.
40. “Performance shall mean tests as defined in Clause 19 which establish
Test” successful installation and working of equipment at desired
level as per the requirement of issuing authority;
41. “Power Producer” shall mean anyone who has accepted the LICA then, enters
into a PPA with the Procurer for supply of solar power and
has legal ownership of all the equipment of the Project. After
Expiry Date of PPA, ownership of Project will be transferred
to Procurer as provided in the PPA;
43. “Power Purchase shall mean the Power Purchase Agreement to be executed
Agreement” or between Power Producer and the Procurer. The prescribed
“PPA” format for execution of PPA is attached as Annexure III to
this RFP;
44. “PPA Capacity” shall mean the capacity undertaken by the Power Producer
for implementation of grid connected roof top solar PV
Projects for sale of solar power to Procurer after
undertaking a technical analysis of the likely capacity under
the RFP;
45. “Premise” shall mean any land, building or structure or part thereof or
combination thereof including any other vacant /non vacant
area which is part of the Procurer establishment;
46. “Procurer(s)” shall mean the person or company or organization procuring
solar power from the Power Producer at competitively
determined tariff under the RFP and the PPA;
47. “Project(s)” shall mean the Grid Connected Solar PV Project(s);
48. “Project means the capacity of the Projects mentioned in the
Capacity” Agreement. The Project capacity specified is on “DC” Side
only;
49. “Project shall mean a group of Project(s) as per Clause 2.2 of this
Group(s)” RFP;
50. “Project shall mean Company incorporated by the Bidder as per
Company” Indian Laws in accordance with Clause 8;
51. “Prudent Utility shall mean the practices, methods and standards that are
Practices” generally accepted nationally from time to time by electric
utilities for the purpose of ensuring the safe, efficient and
economic design, construction, commissioning, operation
and maintenance of power generation equipment of the type
specified in this RFP, as per requirements of Indian Law;
52. “Qualified shall mean, for given scope of work, the Eligible Bidder
Bidder(s)” having quoted minimum Financial Bid in a Project Group or
Eligible Bidder matching minimum Financial Bid in a Project
Group;
53. “RESCO” shall mean a person or an entity, which is in the business of
supplying power generated through Project installed in the
Premise of the Procurer on mutually agreed terms;
54. “RESCO Model” shall mean where the Bidders intend to use a Premise

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Bihar Renewable Energy Development Agency
2rd Floor, Vidyut Bhawan, Building-II, South Wing, Bailey Road, Patna- 800001, Bihar
Tel: +91-612-2505734 Fax: +91-612-2505572
Email: breda@breda.in
Website: http://www.breda.bih.nic.in

owned/used by the Procurer and enters into the PPA with


Procurer for supply of solar power as per RFP.
55. “RFP” shall mean Request for Proposal (RFP)/Bid
document/Tender document and shall include formats and
annexures in it;
56. “Scheduled shall mean 9 months from the PPA Signing date i.e.,
Commercial Effective Date as defined in PPA; including the extensions,
Operation Date” if any, granted as per Article 4.2.8 of the PPA.
or “SCOD”
57. “Statutory shall mean the auditor of a Company appointed under the
Auditor” provisions of the Companies Act, 1956 or Companies Act,
2013 or under the provisions of any other applicable
governing law;
58. “Successful shall mean the Qualified Bidder(s) selected by Nodal
Bidder(s)” Agency pursuant to this RFP for implementation of Project
as per the terms and condition of the RFP Documents, and
to whom LICA has been issued;
59. “State Electricity shall mean Electricity Regulatory Commission applicable
Regulatory within state of Bihar
Commission” or
“SERC”
60 “Term of PPA” shall mean the period from the Effective Date until the
Expiry Date;
61 “Year” shall mean 365 Days or 366 Days in case of leap year when
February is of 29 Days;

[Status] Page X of XI
Bihar Renewable Energy Development Agency
2rd Floor, Vidyut Bhawan, Building-II, South Wing, Bailey Road, Patna- 800001, Bihar
Tel: +91-612-2505734 Fax: +91-612-2505572
Email: breda@breda.in
Website: http://www.breda.bih.nic.in

C. Interpretation
1. Words comprising the singular shall include the plural & vice versa
2. An applicable law shall be construed as reference to such applicable law including its
amendments or re-enactments from time to time.
3. A time of day shall save as otherwise provided in any agreement or document be
construed as a reference to Indian Standard Time.
4. Different parts of this contract are to be taken as mutually explanatory and
supplementary to each other and, if there is any differentiation between or among the
parts of this contract, they shall be interpreted in a harmonious manner so as to give
effect to each part.

[Status] Page XI of XI
Bihar Renewable Energy Development Agency BREDA/TENDER/SPV/GCRTPV/RESCO/1kWp-
500kWp/06/2018-19
Request for Proposal (RfP)

SECTION I. INTRODUCTION
1. Introduction
1.1. Request for Proposal (RfP) for Selection of Bidders for Implementation of Grid
Connected Rooftop Systems under RESCO Model for aggregated capacity of about 10
MWp at various locations in the state of Bihar, India in accordance with MNRE/ SERC/
concerned distribution licensee norms.
1.2. The Bidder is advised to read carefully all instructions and conditions of this RFP and
understand the scope of work completely. All information and documents required as
per the RFP must be furnished with the bid. Nodal Agency reserves the right to seek
clarifications on submitted bids. Failure to provide the information and/or documents as
required shall render the Bid(s) unacceptable for further evaluation and may lead to
rejection of the bid(s). All bidders qualifying the technical stage shall be treated at par.
Financial Bid of the Bidder qualifying at technical stage only shall be opened.
1.3. Bidder shall be deemed to have examined the RfP, to have obtained information in all
matters whatsoever that might affect carrying out of works in line with the scope of work
specified in the RfP at the Bid price and to have satisfied himself of the sufficiency of his
Bid. The Bidder shall be deemed to know the scope, nature and magnitude of the works
and requirement of materials, equipment, tools and labour involved, wage structures
and as to what all works Power Producer shall have to complete in accordance with the
RfP, irrespective of any defects, omissions or errors that may be found in RfP. It is
assumed that Bidder has satisfied himself with the site conditions at the Premises of
Procurer and has assessed the quantum of work required to comply with the RfP and
PPA conditions.

Request for Proposal (RfP) Page 1


Bihar Renewable Energy Development BREDA/TENDER/SPV/GCRTPV/RESCO/1kWp-
Agency 500kWp/06/2018-19
Request for Proposal (RfP)

SECTION II. BID DETAILS


2. Bid Details
2.1. The bidding process is for an approximate 10 MWp capacity of Projects under RESCO
Model for Implementation of Grid Connected Roof Top Solar PV Systems at various
locations in the state of Bihar, India. Bidders are advised to note that the Grid connected
projects must be in line with the BERC (Grid Connected Net Metering) Regulations,
2018.
2.2. Bidder shall be required to Bid in different Project Groups as mentioned in ANNEXURE
I. The Bidders are advised to understand and satisfy themselves in regards with the
detail provided about the various Projects in the ANNEXURE I.
2.3. The Bidders have the liberty to choose among Indian make or foreign make modules.
Such Projects are eligible for concessional funding from World Bank available through
State Bank of India, if Bidder meets the criteria sets out in Annexure II Bidder can
choose to avail the above facility at its own discretion. The final decision to provide debt
funding will lie with State Bank of India and Nodal Agency will take no responsibility/
liability for debt funding.
2.4. A Data Room has been created which contains site wise tentative potential survey
assessment details and past electricity bills for such site. The access to data room will
be provided to bidders who pay/already paid the bid processing fee.
2.5. Key Dates
S.No. Nodal agency tendering stage Date and Time
1 Online Tender Purchase Date Up to 08.04.2019 at 12:00 Hrs.
2 Pre Bid Meeting 25.03.2019 at 11.00 Hrs
3 Bid Online Submission Deadline 08.04.2019 up to 23:30 Hrs
(ONLINE) (www.eproc.bihar.gov.in)
4 Bid Hardcopy Submission Deadline 09.04.2019 at 14:00 Hrs
5 Technical Bid Opening 09.04.2019 at 15:30 Hrs
(www.eproc.bihar.gov.in)
6 Financial Bid Opening To be informed later after
technically qualified bidder
(www.eproc.bihar.gov.in)

2.6. Subsidy consideration for this Request for Proposal (RfP) will be available for a total
equivalent amount of 25% for all government buildings for grid connected solar power
plant. The subsidy amount shall be calculated as per prevailing MNRE benchmark
prices. The subsidy for each eligible project under project group will be disbursed, after
deduction of 3% by Nodal Agency towards its administrative charges.
2.7. For subsidy computation, the project capacity to be used shall be minimum of capacity
of solar panel or capacity of inverter.
2.8. Nodal Agency reserves the right to deduct admin charges from the successful bidder.
Successful bidders shall submit a Demand Draft amounting to the admin charges for the
respective project group at the time of LICA signing.
2.9. Nodal Agency shall communicate to Successful Bidder any change in PPA Capacity
within ten (10) Days from the submission of the site survey report and letter of request.
2.10. Submission of C-PBG shall be within fifteen (15) Days from the confirmation by
Nodal Agency on the PPA Capacity.

[Status] Page 2
Bihar Renewable Energy Development BREDA/TENDER/SPV/GCRTPV/RESCO/1kWp-
Agency 500kWp/06/2018-19
Request for Proposal (RfP)

SECTION III. CONDITION PRECEDENT


3. Condition Precedent
3.1. Condition Precedent for Power Procurer
3.1.1. Procurer shall allocate sufficient shadow free space in its Premise, within
fifteen (15) Days from receipt of confirmation on LICA from the Successful Bidder,
and provide last twelve (12) Months of electricity bills (at least of six (6) Months),
to the Successful Bidder. During fifteen (15) Days, Procurer shall allow
Successful Bidder to visit the Premise for assessment of required space and
locating the proposed project. Minimum space provided by Procurer shall be
based on 110 square feet per kWp.
3.1.2. On allocating enough space for installation of Project, Successful Bidder may
ask for a change in location within Premise, but final decision on the location shall
be taken by Procurer and it shall be binding on Successful Bidder.
3.1.3. Procurer should inform Nodal Agency and Successful Bidder, in writing, about
the space provided for Project implementation within 15 Days from receipt of
confirmation on LICA.
3.1.4. Any delay beyond 30 Days in providing sufficient space to Successful Bidder,
Procurer’s Project shall be excluded from further deliberations.
3.1.5. PPA shall be signed by the Procurer with Successful Bidder within ten (10)
Days from the submission of C-PBG by the Successful Bidder to the Nodal
Agency.
3.1.6. Any delay beyond 60 Days in signing PPA with the Successful Bidder,
Procurer’s Project shall be excluded from further deliberations.
3.2. Condition Precedent for Power Producer
3.2.1. Confirmation on acceptance of LICA within 15 Days from the date of issuance
of LICA.
3.2.2. Within 30 days after conforming LICA, the Successful Bidder shall undertake
Site Survey, assess free capacity of the concerned DT, analyse last twelve (12)
Months of electricity bills (at least six (6) Months) received from Procurer, and
submit the letter of request for change in PPA Capacity (if any, with due analysis)
to Bihar Renewable Energy Development Agency, copying Procurer.
3.2.3. PPA Capacity of each Project under each Project Group as indicated in
ANNEXURE I may increase up to 50% or decrease up to 20%, subject to Nodal
Agency’s decision on analysis proposed by the Successful Bidder. It shall be
noted that, change in PPA Capacity may lead to change in State Subsidy
available for Project for different types of categories
3.3. Consequences of non-fulfilment of conditions precedent
3.3.1. In case of any delay in any of the timelines mentioned in clause 3.1.4 and
3.1.6, Nodal Agency shall take appropriate decision based on circumstances and
may provide further time to complete the respective conditions precedent.
3.3.2. Whereas, any delay in timelines provided to Procurer and Successful Bidder
may lead to cancellation of LICA.
3.3.3. In case, Nodal Agency cancels the LICA issued to Successful Bidder due to
non-compliance of Successful Bidder, Nodal Agency shall ask the L2 Bidder in
the Particular Project Group to sign LICA at the rate quoted by L2 for that Project
Group for which LICA has been cancelled. Further, if L2 Bidder rejects the Nodal
Agency proposal, Nodal Agency shall ask L3 and so on.
3.3.4. If none of the Bidder of that particular Project Group is interested in the
Projects, Nodal Agency shall offer it to the Successful Bidders of other Project

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Groups to meet the L1 Quoted Tariff of that particular Project Group. Before
offering Projects to any other Successful Bidder, Nodal Agency must assure that
a new Successful Bidder has at least one Project in the vicinity of the Projects for
which LICA was cancelled.
3.3.5. In case, any of the Successful Bidder of other Project Groups are not
interested in Projects, then Nodal Agency will take appropriate action in
discussion with Procurers.
3.3.6. At any point of time, if it is found that Successful Bidder of a Project Group is
non-compliant or is not signing the PPA for any specific type of Projects in a
Project Group, Nodal Agency may take strict action against the Successful
Bidder. It may lead to cancellation of all LICAs issued to that Successful Bidder
for Projects under such Project Group. Later, Nodal Agency shall offer remaining
Project to other Bidders in accordance with the procedure mentioned in article
36.14.

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SECTION IV. INSTRUCTION TO BIDDERS


4. INSTRUCTION TO BIDDERS
4.1. The total capacities in this tender has been grouped in to Project Group, Bidders can
place bid for one or multiple project groups by paying the Bid processing fee once at e-
proc portal http://www.eproc.bihar.gov.in. Bidder who pays Bid processing fee for one
project group will be eligible to view documents uploaded under all the Project groups.
The link to the data room will be one of the document which a bidder get access to by
paying the bid processing fee.
4.2. The bidder shall quote for a minimum capacity in each group of at least one (1) MW.
Quoted capacities lesser than 1 MW will be rejected, and not further evaluated.
4.3. Bidder shall meet the Eligibility Criteria. In case of consortium, Lead Member must
independently meet the Eligibility Criteria. Consortium of maximum of three companies
is allowed under RFP. Consortium may comprise of Companies or Sole Proprietor or
Limited Liability Partnership Firms or Partnership Firms or any combination thereof.
Similarly, Joint Venture of maximum of three companies is also allowed under RFP, with
the condition that the lead member should have at least 60% holding in the Joint
Venture Company.
4.4. Further, Bidder must note that for evaluation of qualification against Financial Eligibility
Criteria, following conditions shall be applicable:
4.4.1. Bidder shall establish net-worth as required by this RFP.
4.4.2. In-case Bidder/Lead Member of Consortium/Joint Venture has referred its
Affiliate to meet the Financial Eligibility criteria, then relationship with the Affiliate
by the Bidder shall continue i.e., equity holding should be more than 26% for
period of the First Operational Year. Further, Affiliate of Bidder and member of
Consortium shall furnish information as sought in FORMAT 9 and FORMAT 12.
4.5. A Bidder shall not have a conflict of interest for the bid Project Group. Bidder(s) shall be
disqualified in the Project Group(s) where it has conflict of interest. In a particular
Project Group, the Bidder may be considered to have conflict of interest with one or
more parties in this bidding process, if:
4.5.1. A Bidder submits more than one Bid in the bidding process, either individually
[including bid submitted as authorised representative on behalf of one or more
Bidder(s)] or as Member of Consortium/Joint Venture.
4.5.2. They have a relationship with each other, directly or through common third
parties, that puts them in position to have access to information about or influence
on the Bid of another Bidder, or influence the decisions of Nodal Agency
regarding this bidding process.
4.6. Nodal Agency have rights to annul/cancel the Bid of Bidders who will take any
assistance or support in any form from any of the independent consultant or consulting
agency who is directly associated with Nodal Agency during preparation of RFP and
PPA.
4.7. Instruction to Bidders on E-Tendering
4.7.1. For participation in e-tendering module, it is mandatory for Bidders to get
registration on website http://www.eproc.bihar.gov.in. Therefore, it is advised to all
Bidders to get registration by making on line registration fees payment at the
earliest.
4.7.2. Tender documents can be purchased only online and downloaded from
website http://www.eproc.bihar.gov.in by making online payment for the Bid
Documents Fee.
4.7.3. Service and gateway charges shall be borne by the Bidders.

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4.7.4. Bidders are required to sign their bids online using class – III Digital Signature
Certificate, they are advised to obtain the same at the earliest.
4.7.5. For further information regarding issue of Digital Signature Certificate, the
Bidders are requested to visit website http://www.eproc.bihar.gov.in. Please note
that it may take up to 7 to 10 working Days for issue of Digital Signature
Certificate. Nodal Agency will not be responsible for delay in issue of Digital
Signature Certificate.
4.7.6. If Bidder is going first time for e-tendering, then it is obligatory on the part of
Bidder to fulfil all formalities such as registration, obtaining Digital Signature
Certificate etc. well in advance.
4.7.7. Once the digital signatures are obtained, the Bidder should get the browser
settings done so that while using the e-procurement application Bidder is able to
use the digital signature which is mandatory for Bid participation. These settings
can be done through the details given on the portal or by calling the helpdesk.
Please ensure that these settings are done at the earliest.
4.7.8. Bidders are requested to visit our e-tendering website regularly for any
clarification and / or due date extension.
4.7.9. Bidder must positively complete online e-tendering procedure at
http://www.eproc.bihar.gov.in.
4.7.10. Department shall not be responsible in any way for delay /difficulties
/inaccessibility of the downloading facility from the website for any reason
whatever.
4.7.11. Interested Bidders may contact BREDA Office in Patna for any quires relating
to E-Tendering process.
4.7.12. Whosoever on behalf of the Bidder is submitting the tender by his Digital
Signature Certificate, shall invariably upload the scanned copy of the authority
letter, as well as submit the copy of same in physical form with the offer of
particular Bid.
4.7.13. After the final submission, Bidder should ensure that he has received the
acknowledgment slip and should keep this slip till opening of the Bid. If
acknowledgment slip is not generated, it means the Bid is not submitted.
4.8. The Bidders shall have to submit their Financial Bid and other required relevant
documents/ certificates, if any, online only (duly encrypted bids) as per time schedule
(Key dates) as mentioned in Clause 2.5. Technical bid containing original (downloaded)
RFP, relevant document/ certificates etc. duly sealed and signed and Bid Security
should reach to the office undersigned by the Key Dates.
4.9. For any type of clarification, bidders can visit http://www.eproc.bihar.gov.in and held
desk contact no. 1800-345-6204 and Mail id: breda@breda.in. Support timing from
Monday to Saturday between 10:00 AM to 7:00 PM.
5. ELIGIBILITY CRITERIA
5.1. General
5.1.1. The Bidder should be a body corporate incorporated in India under the
Companies Act, 1956 or 2013 including any amendment thereto or a Partnership
Firm having executed partnership deed and registered as per sections 58 & 59 of
the Partnership Act, 1932, as amended or a Limited Liability Partnership Firm
(LLP) registered under section 12 of Limited Liability Partnership Act, 2008, as
amended or registered Sole Proprietor. A copy of certificate of incorporation,
partnership deed or LLP/ Sole Proprietor registration, as applicable and relevant,
shall be enclosed with FORMAT 2. Bidder should provide detail of valid GST
registration certificate as per Technical Bid FORMAT. Bidder or any member of
Consortium/Joint Venture having been blacklisted by Nodal Agency or by any
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Govt. /PSU, for whatever reasons, shall not be eligible/ allowed to participate in
this RFP. Bidder or Consortium/Joint Venture shall be ineligible for participation in
this RFP in following cases:
5.1.2. If Bidder or any member of Consortium/Joint Venture has not performed
satisfactorily in the Word Order(s) of Nodal Agency, leading to cancellation of
Work Order(s) of value more than or equal to twenty five percent (25%) of
cumulative value of Work Order(s) awarded in last five (5) Years.
5.1.3. If Bidder or any member of Consortium/Joint Venture is involved in litigation
or arbitration with Nodal Agency arising out of work completed or under execution
by it, of value more than or equal to twenty five percent (25%) of cumulative value
of Work Order(s) awarded in last five (5) Years.
5.1.4. The Bidder or any member of Consortium/Joint Venture should not have been
black listed by any government department, organization, agency, authority or
any public sector undertaking owned by the government, during the last three (3)
years as on date of bid submission.
6. TECHNICAL ELIGIBILITY CRITERIA
6.1. The bidder should have designed, supplied, installed & commissioned at least one (1)
number of solar rooftop power plant with a minimum capacity of 40 kWp and a
cumulative solar rooftop power plant capacity of 250 kWp commissioned in the last five
(5) years, prior to techno-commercial bid opening date.
6.2. Note:-
6.2.1 The bidders must submit documentary proof for technical eligibility certified by
State Nodal Agency, Distribution Company, SECI or any government
organization.
6.2.2 Bidder can use the technical strength of its Affiliate to fulfil the Technical
Eligibility Criteria mentioned in RFP.
7. FINANCIAL ELIGIBILITY CRITERIA
7.1. The Bidder should have minimum Net worth of INR zero point five (0.5) crore per MWp
of connected rooftop Solar PV Project for Project Group, subject to provisions of
SECTION IV. In case of Consortium/Joint Venture, Net worth should be fulfilled by Lead
member only.
7.2. The Computation of Net worth shall be based on latest unconsolidated audited annual
accounts but not older than two (2) Years. The formula of calculation of net-worth shall
be as per Companies Act 2013.
7.3. In relation to a Partnership Firm/ Limited Liability Partnership Firm, the Net-worth shall
be equal to Partner’s Capital in case of a Partnership Firm/ Limited Liability Partnership
Firm and Proprietor’s Capital Account in case of Sole Proprietor (including any
reserves).
7.4. The Bidder should have a minimum average annual turnover in the best of three (3) out
of five (5) financial years as INR 2 Cr/MW (subject to quote offered in the bid by the
bidder). The bidder must submit audited financial statement and balance sheet for last
five (5) years to this effect.
7.5. Note :-
7.5.1. All requisite documents, such as balance sheet, P&L account, schedules etc.,
duly certified by a Chartered Accountant (CA) and the Bidder, in support of Bidder
claim for meeting the financial eligibility criteria shall be required to be submitted.
7.5.2. It is essential to submit financial eligibility criteria requirement and undertaking
form as attached in FORMAT 8 and FORMAT 10 of this RFP document.

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7.5.3. For the purposes of meeting financial requirements, only unconsolidated


audited annual accounts shall be used. However, audited consolidated annual
accounts of the Bidder may be used for the purpose of financial requirements
provided the Bidder has at least twenty six percent (26%) equity in each company
whose accounts are merged in the audited consolidated accounts.
7.5.4. Bidder shall furnish documentary evidence as per the FORMAT 9, duly
certified by Authorized Signatory and the Statutory Auditor / Practicing Chartered
Accountant of the Bidder in support of their financial capability”.
7.5.5. Bidder can use the financial strength of its Affiliate to fulfil the Financial
Eligibility Criteria mentioned in RFP.
7.5.6. In case of Consortium/Joint Venture, Financial Eligibility Criteria has to be met
individually by Lead Member and/or its Affiliate.
7.5.7. Bidders shall have to give a declaration to the effect that they fulfil the terms
and conditions of eligibility as per FORMAT 14. If the declaration to above effect
is found to be false, the eligibility would be considered null and void.
8. CHECKLIST
8.1. To ensure that the online and hard copy submission of RFP is complete in all respects,
check-lists for Envelope- I and Envelope- II are required to be duly tick marked/filled for
the enclosures which are attached with the RFP document. The main envelope should
only contain Envelope-I and Envelop-II in sealed condition. The requisite documents
required are indicated in the check-lists. It is essential for the Bidders to submit check-
lists duly sealed and signed with its corresponding envelope. However, this Check-List
is indicative and Bidder shall be responsible for meeting all information requirement as
per provisions of this RFP.
9. INCORPORATION OF PROJECT COMPANY
9.1. In case a Bidder is selected as a Successful Bidder, it can choose to incorporate a
Project Company. In case a Bidder is a Consortium/Joint Venture, Bidder is responsible
to incorporate a Project Company within forty five (45) Days from the issuance of LICA.
Further, Bidder shall be responsible to get all required clearances in the name of the
Project Company, also transfer already obtained clearances, if any.
9.2. The aggregate equity share holding of the Successful Bidder in the issued and paid up
equity share capital of the Project Company shall not be less than fifty one percent
(51%) up to a period of one (1) Operational Year. Company formed by members of the
Consortium/Joint Venture who is a Successful Bidder shall have at least aggregate
equity share holding of 51% held by the member of the Consortium/Joint Venture in a
newly formed Company, up to a period of one (1) Operational Year. Further, any
member of the Successful Consortium/Joint Venture shall maintain individual equity in
newly formed Company of at least, 51% (0.51) of its share in the bidding consortium, up
to a period of one (1) Operational Year.
9.3. In case of Successful Bidder being a Partnership Firm or an LLP, the equity ownership
of the partners in the Successful Bidder or the Project Company shall remain in same
proportion as mentioned in the partnership deed submitted along with the Bid, up to a
period of one (1) Operational Year. Nodal Agency shall be notified, within a month, in
case of any change in equity proportion for ownership of such Successful Bidder.
9.4. Any change in ownership and liabilities after one (1) Operational Year shall be
permissible, however Power Producer should inform Nodal Agency in writing within 30
Days of change in ownership.
10. BID SUBMISSION BY THE BIDDER
10.1. The information and/or documents shall be submitted by the Bidder as per the
formats specified in this document.

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10.2. Bid(s) that are incomplete in any respect or those that are not consistent with the
requirements as specified in this RFP or those that do not adhere to formats prescribed
herein, wherever specified, may be considered non-responsive. However, Nodal
Agency reserves the right to seek additional information/clarifications from the Bidders,
if found necessary, during the course of evaluation / processing of the Bid(s). Non-
submission or delayed submission of such additional information or clarifications sought
by Nodal Agency may be a ground for rejecting the Bid(s).
10.3. Each format has to be duly signed and stamped by the authorized signatory of the
Bidder. In case of a Consortium/Joint Venture, it has to be signed by representative of
the Lead Bidder. Strict adherence to the documents required to be submitted in
Envelope – I, as per Clause 11 shall be ensured, failure on this account may lead to
rejection of Bid.
10.4. The Bidder shall furnish documentary evidence in support of meeting eligibility
criteria as indicated in this RFP to the satisfaction of Nodal Agency and shall also
furnish unconsolidated/ consolidated audited annual accounts in support of meeting
financial requirement, which shall consist of unabridged annual accounts, profit and loss
account, profit appropriation account, auditor’s report, etc., as the case may be.
10.5. The Bidding Company should designate one person to represent the Bidding
Company in its dealings with Nodal Agency. The person should be authorized to
perform all tasks including, but not limited to providing information, responding to
enquires, signing of Bid etc. The Bidding Company should submit, along with Bid, a
Power of Attorney in original as per FORMAT 7, authorizing the signatory of the Bid.
11. CLARIFICATIONS AND PRE-BID MEETING
11.1. The Bidder may seek clarifications or request amendments to RFP in writing, through
a letter or by fax (and also soft copy by e-mail) to reach Nodal Agency at the address,
date and time mentioned in Bid Information Sheet.
11.2. The Bidder(s) or their authorized representative(s) is /are invited to attend pre bid
meeting(s), which will take place on date(s) as specified in Bid information Sheet, or any
such other date as notified by Nodal Agency.
11.3. The purpose of the pre-bid meeting will be to clarify any issues regarding the RFP
including in particular, issues raised in writing and submitted by the Bidder.
11.4. Nodal Agency is not under any obligation to entertain/ respond to suggestions made
or to incorporate modifications sought for.
12. BID DOCUMENTS
BID FORMATS: The Bid in response to this RFP shall be submitted by the Bidder in the
manner provided in the RFP. The Bid shall comprise of the following:
12.1. ENVELOPE- I (COVERING LETTER, BID PROCESSING FEE AND BID
SECURITY): The following documents are to be submitted in physical (hard copy):
12.1.1. Covering Letter as per prescribed FORMAT 1.
12.1.2. Bid Processing Fee
12.1.3. Bid Security of required value as mentioned in Clause 3.19, FORMAT 4, if
applicable;
12.2. ENVELOP- II (TECHNICAL DOCUMENTS): The following documents are to be
submitted in physical (hard copy):
12.2.1. Original power of attorney (on the stamp value of Rs.1000/-, as per FORMAT
7) issued by the Bidder in favour of the authorized person signing the Bid, in the
form prescribed in this RFP (Power of Attorney must be supplemented by Board
Resolution to above effect for the company incorporated under Company Act
1956 or Company Act-2013).

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12.2.2. General particulars of Bidder as per FORMAT 2 of this RFP, including


Certificate of Incorporation of Bidder/ Affiliate as applicable.
12.2.3. Bidder’s composition and ownership structure as per prescribed FORMAT 3
as shareholding certificate certified by Director/practicing Chartered
Accountant/Company Secretary and authorised signatory of the Bidder (as
applicable).
12.2.4. FORMAT 8 for meeting Financial Eligibility Requirements along with all
supporting documents.
12.2.5. FORMAT 9, if applicable, supported by Board Resolution of the Affiliate.
12.2.6. Undertaking(s) from the member of Consortium/Joint Venture or Affiliate of
Bidder/ member of Consortium/Joint Venture as per FORMAT 10, as applicable.
12.2.7. FORMAT 12 for Consortium/Joint Venture Agreement, if applicable.
12.2.8. FORMAT 13 on Declaration for submission of Bid.
12.2.9. Signed and stamped Copy of RFP including amendments & clarifications by
authorised signatory of Company on each page.
12.2.10. Signed and stamped copy of minutes of pre-bid meeting
13. METHOD OF BID SUBMISSION
13.1. Bidders are required to submit technical bid, along with all relevant documents as
detailed in Clause 9 and 10 above, in respective envelopes sealed under a single cover
envelope. They shall be submitted in physical form on or before the Bid Deadline:-
13.1.1. Envelope-I (Covering letter, Bid Processing fee and Bid Security)
13.1.2. Envelope-II (Financial Eligibility Documents)
13.2. Additionally the Bidders shall be required to submit scanned copies of following
documents online:
13.2.1. Bid Security;
13.2.2. Bid Processing Fee;
13.3. The Bidder has the option of sending technical bid (Envelope I & Envelop II) either by
registered post or speed post or by hand delivery, so as to reach Nodal Agency by the
Bid Deadline. Nodal Agency shall not be responsible for any delay in receipt of the
technical bid (Envelope I & Envelop II). It should be noted that except online Financial
Bid, no other envelope/ document shall contain any information/document relating to
Financial Bid. Nodal Agency shall not be responsible for premature opening of the
Financial Bid in case of non-compliance of above.
13.4. All pages of the Bid, except for the Bid Security, and any other document executed
on non-judicial stamp paper, forming part of the Bid and corrections in the Bid, if any,
must be signed by the authorized signatory on behalf of the Bidder. In case of a
Consortium/Joint Venture, it has to be signed by representative of the Lead Bidder. It is
clarified that the same authorized signatory shall sign all pages of the Bid. Further, any
published document submitted with the Bid shall be signed by the authorized signatory.
Bidder shall submit the Bid in original, duly signed by their authorized signatory of the
Bidder.
14. BID DEADLINE
14.1. The Bidder should submit the online Bid on or before the time schedule mentioned in
Bid Information Sheet.
15. VALIDITY OF BID
15.1. The bid shall remain valid for a period of one hundred and eighty (180) Days from the
date of opening of Financial Bid. In case, Successful Bidder is revoking or cancelling his

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offer or varying any term & conditions in regard thereof or not accepting Letter Inviting
Consent for Agreement (“LICA”), Nodal Agency shall forfeit the Bid Security furnished
by the Bidder. The date of issuance of LICA shall be intimated by the Nodal Agency to
the Successful Bidder. In exceptional circumstances when LICA is not issued, the Nodal
Agency may solicit the Bidder's consent to an extension of the period of Bid Validity
Period. In such circumstances, the Bid Security provided shall also be suitably
extended.
16. COST OF BIDDING
16.1. The Bidder shall bear all the costs associated with the preparation and submission of
his offer and Nodal Agency will in no case be responsible or liable for those costs, under
any conditions. The Bidder shall not be entitled to claim any costs, charges and
expenses of and incidental to or incurred by him through or in connection with
submission of Bid even though Nodal Agency may elect to modify/withdraw the
invitation of Bid.
17. BID SECURITY:
17.1. The Bidder shall furnish the interest free Bid Security of amount equal to INR 2.75
Lacs/MW for each Project Group.
17.2. Bidders placing Bid for more than one Project Group shall furnish individual Bid
Security desired for each Project Groups.
17.3. The Bid Security shall be from a nationalized/ scheduled bank in the form of Crossed
Demand Draft drawn in favour of “Bihar Renewable Energy Development Agency ”
payable at Patna,
OR
FDR in favour of Bihar Renewable Energy Development Agency, Patna through account
of bidder
OR
Bank guarantee as per prescribed format (FORMAT 4).
17.4. Desired Bid Security shall be furnished by every Bidder including MSMEs or any
Govt. / semi Govt. / PSU organizations/ agencies. The initial validity of Bid Security shall
be for a period of One hundred and eighty (180) Days from the Bid Deadline, which
shall be extended by the Bidder on the advice of Nodal Agency, if required, at any time
either before bid process is concluded or during Rate Validity Period of Agreement.
17.5. Bid Security shall be returned to all other Bidders except Successful Bidder, within
fifteen (15) Days from date of submission of C-PBG by the Successful Bidders or within
three (3) Months of opening of Financial Bid result, whichever is earlier.
17.6. The bid security for the successful bidder will be returned when the bidder
successfully commissions 25% of the indicated project capacity cumulatively or submits
C-PBG equivalent to 25% cumulatively the Bid Security shall be returned. The Bid
Security shall be denominated in Indian Rupees and:
17.6.1. Bid Security should be confirmed for payment to Nodal Agency by respective
banks.
17.6.2. Bid Security shall be submitted in its original form and copies will not be
accepted
17.7. For Successful Bidder of such Project Groups not submitting the Nodal Agency
administration cost, Bid security shall be forfeited of such Successful Bidders.
17.8. The Bid Security shall be forfeited without prejudice to the Bidder being liable for any
further consequential loss or damage incurred to Nodal Agency under following
circumstances:
17.8.1. If a Bidder withdraws/revokes or cancels or unilaterally varies his bid in any
manner during the period of Bid Validity Period specified in the RFP document.

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17.8.2. If Successful Bidder fails to fulfil its Conditions Precedent as specified in


Clause 3.
17.8.3. If Successful Bidder fails to sign the PPA within the indicated time unless the
default from procurer as per Clause 3.
18. OPENING OF BID
18.1. Technical bid (Envelope I and Envelope II) of the Bidder shall be opened at the time
mentioned in Key Dates at the venue indicated in this RFP, in the presence of one
representative from each of the Bidder who wish to be present.
18.2. Name of the Bidder, Bid Security and Project Groups shall be read out to all the
Bidder at the time of opening of Envelope-I.
19. RIGHT TO WITHDRAW RFP AND TO REJECT ANY BID
19.1. This RFP may be withdrawn or cancelled by the Nodal Agency at any time without
assigning any reasons thereof. The Nodal Agency further reserves the right, at its
complete discretion, to reject any or all of the Bids without assigning any reasons
whatsoever and without incurring any liability on any account.
19.2. The Nodal Agency reserve the right to interpret the Bid submitted by the Bidder in
accordance with the provisions of the RFP and make its own judgment regarding the
interpretation of the same. In this regard the Nodal Agency shall have no liability
towards any Bidder and no Bidder shall have any recourse to the Nodal Agency with
respect to the selection process.
19.3. Bid(s) that are incomplete in any respect or those that are not consistent with the
requirements as specified in this RFP or those that do not adhere to formats prescribed
herein, wherever specified, may be considered non-responsive. However, Nodal
Agency reserves the right to seek additional information/clarifications from the Bidders,
if found necessary, during the course of evaluation / processing of the Bid(s). Non-
submission or delayed submission of such additional information or clarifications sought
by Nodal Agency may be a ground for rejecting the Bid(s). Strict adherence to the
documents required to be submitted in Envelope – I, as per Section VI shall be ensured,
failure on this account may lead to rejection of Bid.
19.4. Nodal Agency reserves its right to vary, modify, revise, amend or change any of the
terms and conditions of the RFP before Bid Deadline. The decision regarding
acceptance of Bid by Nodal Agency will be full and final.
20. SYSTEM ACCEPTANCE TESTING
20.1. The Power Producer shall, in the presence of designated representatives of Nodal
Agency and Procurer, conduct testing of the Project, as prescribed in RFP, to establish
successful Commissioning of the Project.
20.2. The Power Producer shall demonstrate that the said project delivers Capacity
Utilization Factor ("CUF") of at least 15%, adjusted for seasonality as tabulated below,
for one (1) day before declaration of successful Completion of the Project.
Month kWh generation in 1 day per kWp system
January 2.98
February 3.78
March 4.33
April 4.28
May 4.02
June 3.58
July 3.23

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Month kWh generation in 1 day per kWp system


August 3.45
September 3.54
October 3.54
November 3.34
December 2.89
20.3. If the results of such testing indicate that the Project is capable of generating
electrical energy and Power Producer shall submit Commissioning certificate of the
Project issued by the concerned DISCOM and/or Nodal Agency as the case may be, in
accordance with the applicable rules/regulation/policies, as prescribed in RFP, Power
Producer shall send a written notice to Nodal Agency, with a copy to Procurer, to that
effect, and the date of successful conducting such tests and injection of solar power at
Delivery Point(s) shall be the “Commercial Operation Date” as certified as per RFP
and/or PPA.
21. ZERO DEVIATION
21.1. This is a zero deviation bidding process. Bidder is to ensure compliance of all
provisions of the RFP and submit their Bid accordingly. Bid with any deviation to the
RFP conditions shall be liable for rejection without any explanation.
22. EXAMINATION OF BID DOCUMENT
22.1. Before submission of Bid, Bidder is required to carefully examine the technical
specification, terms and conditions of RFP/ Agreement, and other details relating to
envisaged work as per the RFP.
22.2. The Bidder shall be deemed to have examined the RFP and Agreement, to have
obtained information on all matters whatsoever that might affect the execution of the
Project activity and to have satisfied himself as to the adequacy of his Bid. The Bidder
shall be deemed to have known the full scope, nature and magnitude of the work and
related supplies and the requirements of material and labour involved etc. and as to all
supplies he has to complete in accordance with the RFP.
22.3. Bidder is advised to submit the Bid on the basis of conditions stipulated in the RFP.
Bidder’s standard terms and conditions, if any for what-so-ever reasons, will not be
considered. The cancellation / alteration / amendment / modification in RFP shall not be
accepted by Nodal Agency and shall invite rejection of such Bid(s).
22.4. Bid not submitted as per the instructions to Bidder is liable to be rejected. Bid shall
confirm in all respects with requirements and conditions referred in this RFP or its
amendments, if any.
22.5. The Comprehensive O&M of solar PV system shall include wear, tear, overhauling,
machine breakdown, appropriate insurance (if and as required), and replacement of
defective modules, invertors / Power Conditioning Unit (PCU), spares, consumables &
other parts for a period of twenty five (25) Operational Years.
23. CHANGE IN LAW
23.1. "Change in Law" means the occurrence of any of the following events after the Bid
Submission Date resulting into any additional recurring/ non-recurring expenditure by
the Power Producer or any income to the Power Producer:
23.1.1. the enactment, coming into effect, adoption, promulgation, amendment,
modification or repeal (without re-enactment or consolidation) in India, of any
Law, including rules and regulations framed pursuant to such Law;
23.1.2. change in the interpretation or application of any Law by any Indian
Governmental Instrumentality having the legal power to interpret or apply such
Law, or any Competent Court of Law;
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23.1.3. the imposition of a requirement for obtaining any Consents, Clearances and
Permits which was not required earlier;
23.1.4. change in any Consents, approvals or licenses available or obtained for the
Project, otherwise than for default of the Power Producer, which results in any
change in any cost of or revenue from the business of selling electricity by the
Power Producer to Procurer under the terms of this PPA;
23.1.5. a change in the terms and conditions prescribed for obtaining any Consents
or the inclusion of any new terms or conditions for obtaining such Consents;
except due to any default of the Power Producer;
23.1.6. any change in taxes, duties and cess or introduction of any taxes, duties and
cess made applicable for generation and sale/ supply of power by Power
Producer as per the terms of this PPA but shall not include: (i) any change in any
withholding tax on income or dividends distributed to the shareholders of the
Power Producer, or (ii) any change on account of regulatory measures by the
Appropriate Commission or (iii) change in the rates of existing taxes applicable to
the Power Producer or (iv) change in income taxes applicable for the Power
Producer
24. TAXES AND DUTIES:
24.1. The Financial Bid should include all taxes and duties etc., if any. Power Producer
shall be entirely responsible for all taxes, duties, license fees, etc. All taxes payable
shall be payable by the Power Producer. However, if any new change in tax/duty and
cess is effected in the period after the Bid Submission Deadline and any time during the
period of Agreement, the same will be passed on by the Power Producer to the Procurer
as determined by the Competent Authority.
25. IMPACT OF CHANGE IN LAW:
25.1. To evaluate impact of any change of laws in future, the rates applicable for each
component shall be considered in the ratio of:-
25.1.1. Material Component- 80% of the Benchmark cost
25.1.2. Erection, Installation and Commissioning (I&C) component- 20% of the
Benchmark Cost and
25.1.3. Yearly operational cost will be considered as 3% of the Benchmark cost
25.2. The Quoted Tariff would be adjusted as below based on the variations in the capital
cost and operational cost on account of change in taxes. Adjustment shall be allowed
only if the extent of variation in taxes is beyond the deviations specified in table below:
Variation due to change in Proportionate adjustments
taxes to the tariff
Capital Cost + 10% + 8%
(Adjustments will be
-10% -8%
considered only if the
change is more than 2.5%)
Operational Cost + 10% + 1%
(Adjustments will be made -10% -1%
only if change is more than
5%)

26. SCHEDULE OF RATES FOR ADDITIONAL WORKS:


26.1. The Rates of additional electrical work within the premises will be decided on the
basis of at par rates of Schedule of Rates (SOR), for Electrical works, Public Works

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Department, Government of Bihar. in force and issued by Project Director, Public Works
Department, Government of Bihar, amended from time to time;
26.2. The rates of additional civil work shall be as per at par the rates of Schedule of Rates
(SOR) for building works, Public Works Department, Government of Bihar , in force and
issued By Project Director, Public Works Department, Government of Bihar amended
from time to time;
26.3. The Rates of additional electrical work outside the premises shall be as per the
schedule of rates (SOR), at par, for electrical works, North Bihar Power Distribution
Company Limited , amended from time to time;
27. PROGRESS REPORT:
27.1. Power Producer shall have to commission the Project within nine (9) Months from the
Effective Date of PPA. The Power Producer shall submit monthly progress report to
Nodal Agency, in prescribed pro-forma to be designed in discussion with Power
Producer, for the period from signing of PPA to CoD. Nodal Agency will have the right to
depute his/their representatives to ascertain the progress at the premises of work of the
Power Producer.
28. FORCE MAJEURE:
28.1. For purpose of this RFP, force majeure shall mean an event beyond the control of
the Power Producer and not involving his fault or negligence and not foreseeable, in its
contractual capacity. Such events may include but are not restricted to Acts of God,
wars or revolutions, fires, floods, epidemics, quarantine restriction, fright embargoes,
site clearance, etc. Whether a force majeure situation exists or not, shall be decided by
Nodal Agency and its decision shall be final and binding on the Power Producer and all
other concerned.
28.2. In the event that the Power Producer is not able to perform his obligations under this
Agreement on account of force majeure, he will be relieved of his obligations during the
force majeure period.
28.3. If a force majeure situation arises, the Power Producer shall promptly notify Nodal
Agency in writing, not later than seven(7) Days from the date such situation arises (in
case, communication is not possible to Nodal Agency, Power Producer shall notify
Nodal Agency not later than one (1)Day from the day when communication system will
be restored). The Power Producer shall notify Nodal Agency not later than three (3)
Days of cessation of force majeure conditions. After examining the cases and
associated facts, Nodal Agency shall decide and grant suitable additional time for the
completion of the work, if required.
28.4. Failure of such Power Producer in timely intimating Nodal Agency will suspend its
right for any relief otherwise eligible under such force majeure conditions.
29. APPLICABLE LAW
29.1. The Agreement shall be interpreted in accordance with the laws of India.
30. SETTLEMENT OF DISPUTE
30.1. If any dispute of any kind whatsoever arises between Nodal Agency and the Power
Producer / Successful Bidder in connection with or arising out of the Agreement
including without prejudice to the generality of the foregoing, any question regarding the
existence, validity or termination, the parties shall seek to resolve any such dispute or
difference by mutual consent.
30.2. If the parties fail to resolve, such a dispute or difference by mutual consent, within
forty five (45) Days of its arising, then the dispute shall be referred by either party by
giving notice to the other party in writing of its intention to refer to arbitration conducted
under the provisions of the “ The Arbitration and Conciliation Act, 1996 ”. The decision
of Permanent Machinery for Arbitration (PMA) of the Department of Public Enterprise,
Government of India shall be final and binding up on the parties. The language of the
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arbitration proceedings and that of the documents and communications between the
parties shall be English. All the dispute will be settled in the High Court of Bihar, Patna.
No arbitration proceedings will commence unless such notice is given.
30.3. Notwithstanding any reference to the arbitration herein, the parties shall continue to
perform their respective obligations under the Agreement unless they otherwise agree.
30.4. Cost of arbitration shall be borne as per the award of the arbitration.
31. LANGUAGE:
31.1. All documents, drawings, instructions, design data, calculations, operation,
maintenance and safety manuals, reports, labels and any other data shall be in Hindi/
English Language. The Agreement and all correspondence between the Nodal Agency
and the Bidder shall be in Hindi/ English language.
32. OTHER CONDITIONS:
Power Producer has to obtain all the necessary approvals/Consents/Clearances required for
design, engineering, supply, installation, testing and commissioning including
Comprehensive O&M of the Project including connectivity to the licensee’s network. Nodal
Agency and the Procurer will extend possible cooperation to Power Producer in this regard.
However, the Power Producer shall be solely responsible for obtaining such
approvals/consents/clearances.
The Power Producer shall not transfer, assign or sublet the Project under the Agreement
pursuant to this RFP to any party other than lenders.
32.1. AMENDMENT
32.1.1. Nodal Agency reserves the right to modify, amend or supplement RFP
documents including all formats and annexures at any time. Interested and
eligible Bidder are advised to follow and keep track of Nodal Agency web-site for
updated information. No separate notifications will be issued for such notices/
amendments/ clarification etc. in the print media or individually. Nodal Agency
shall not be responsible and accountable for any consequences to any party.
32.2. SUCCESSORS AND ASSIGNS:
32.2.1. In case the Power Producer may undergo any merger or amalgamation or a
scheme of arrangement or similar re-organization and this PPA is assigned to any
entity partly or wholly, the PPA shall be binding mutatis mutandis upon the
successor, entities and shall continue to remain valid with respect to obligation of
the successor, entities.
32.3. SEVERABILITY:
32.3.1. It is stated that each paragraph, clause, sub-clause, schedule or annexure of
this contract shall be deemed severable, and, in the event of the unenforceability
of any paragraph, clause sub-clause, schedule or the remaining part of the
paragraph, clause, sub-clause, schedule annexure & rest of the contract shall
continue to be in full force and effect.
32.4. PRICE PREFERENCE:
32.4.1. There is no relaxation in terms of any conditions of the RFP or Processing
Fee or Bid Security or C-PBG or BG for any private company or State or Central
company/agency.
32.5. TAX EXEMPTIONS:
32.5.1. Nodal Agency will extend possible cooperation to Power Producer in availing
any tax exemptions. However, the responsibility of availing any such exemptions,
if any, would rest with the Power Producer.
32.6. FRAUD AND CORRUPTION

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32.6.1. The Power Producers, suppliers and contractors and their sub-contractors
under the contracts are required to observe the highest standard of ethics during
the procurement and execution of such contracts. In pursuance of this, the Nodal
Agency:
32.6.2. Defines, for the purpose of this provision, the terms set forth below as follows:
32.6.3. “corrupt practice” is the offering, giving, receiving or soliciting, directly or
indirectly, of anything of value to influence improperly the actions of another party;
32.6.4. “fraudulent practice” is any act or omission, including a misrepresentation,
that knowingly or recklessly misleads or attempts to mislead, a party to obtain a
financial or other benefit or to avoid an obligation;
32.6.5. “collusive practice” is an arrangement between two or more parties designed
to achieve an improper purpose, including to influence improperly the actions of
another party;
32.6.6. “coercive practice” is impairing or harming, or threatening to impair or harm,
directly or indirectly, any party or the property of the party to influence improperly
the actions of a party;
32.6.7. “obstructive practice” is
32.6.8. deliberately destroying, falsifying, altering or concealing of evidence material
to the investigation or making false statements to investigators in order to
materially impede a Nodal Agency’s investigation into allegations of a corrupt,
fraudulent, coercive or collusive practice; and/or threatening, harassing or
intimidating any party to prevent it from disclosing its knowledge of matters
relevant to the investigation or from pursuing the investigation;
or
32.6.9. acts intended to materially impede the exercise of the Nodal Agency’s
inspection and audit rights.
32.6.10. will reject a proposal for award if it determines that the Bidder recommended
for award has, directly or through an agent, engaged in corrupt, fraudulent,
collusive, coercive or obstructive practices in competing for the contract in
question;
32.6.11. will sanction a firm or individual, including declaring ineligible, either
indefinitely or for a stated period of time, to be awarded a contract if it at any time
determines that the firm has, directly or through an agent, engaged in corrupt,
fraudulent, collusive, coercive or obstructive practices in competing for, or in
executing, a contract; and
32.6.12. will have the right to require that the provision be included in Bidding
Documents and in contracts, requiring Bidders, suppliers, and contractors and
their sub-contractors to permit the Nodal Agency to inspect their accounts and
records and other documents relating to bid submission and contract performance
and to have them audited by auditors appointed by the Nodal Agency.
32.7. DEBARRED FROM PARTICIPATING IN NODAL AGENCY’S TENDER
32.7.1. Nodal Agency reserves the right to carry out the performance review of each
Bidder from the time of submission of Bid onwards. In case it is observed that a
Bidder has not fulfilled its obligations in meeting the various timelines envisaged,
in addition to the other provisions of the RFP, such Bidder may be debarred from
participating in Nodal Agency’s any future tender/ RFP for a period as decided by
the competent authority of Nodal Agency.

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SECTION V. BID EVALUATION


33. BID EVALUATION:
33.1. THE EVALUATION PROCESS COMPRISES THE FOLLOWING FOUR STEPS:
33.1.1. Step I-Responsiveness check of Technical Bid
33.1.2. Step II-Evaluation of Bidder’ fulfilment of Eligibility Criteria described in
Section-I
33.1.3. Step III-Evaluation of Financial Bid
33.1.4. Step IV-Selection of Successful Bidder
34. RESPONSIVENESS CHECK OF TECHNICAL BID:
34.1. The Technical Bid submitted by Bidder shall be scrutinized to establish
responsiveness to the requirements laid down in the RFP. Any of the following may
cause the Bid to be considered “Non-responsive” and liable to be rejected, at the sole
discretion of Nodal Agency, subject to sufficient justification:
34.1.1. Bid not submitted in prescribed envelop format.
34.1.2. Bid that are incomplete, i.e. not accompanied by any of the applicable
formats;
34.1.3. Bid not accompanied by contents of Envelope – I as mentioned in SECTION
VII.
34.1.4. Bid not signed by authorized signatory and /or stamped in the manner
indicated in this RFP;
34.1.5. Material inconsistencies in the information /documents submitted by the
Bidder affecting the Eligibility Criteria;
34.1.6. Information not submitted in the formats specified in this RFP;
34.1.7. Bid being conditional in nature;
34.1.8. Bid not received by the Bid Deadline;
34.1.9. Bid having conflict of interest;
34.1.10. Bidder makes any misrepresentation;
34.1.11. Any other act of Bidder which may be unlawful for the purpose of this RFP.
34.1.12. Bid submitted is not in requisite format(s).
Each Bid shall be checked for compliance with the submission requirements set forth in this
RFP before the evaluation of Bidder’s fulfilment of Eligibility Criteria is taken up.
35. EVALUATION OF FINANCIAL BID
35.1. Financial Bid of the Eligible Bidder shall be opened online in presence of the
representatives of such Eligible Bidder, who wish to be present, on date as may be
intimated by Nodal Agency to the Bidder through Nodal Agency’s website or E-mail. The
evaluation of Financial Bid shall be carried out based on the information furnished. The
Financial Bid submitted by the Bidder shall be scrutinized to ensure conformity with the
RFP. Any Bid not meeting any of the requirements of this RFP may cause the Bid to be
considered “Non-responsive”.
36. SUCCESSFUL BIDDER(S) SELECTION & CAPACITY ALLOCATION:
36.1. Bid qualifying in as per Eligibility Criteria shall only be evaluated in this stage.
36.2. All Bidder qualifying Eligibility Criteria shall be placed as equal. Technical
qualification is must for a Bidder to become eligible for assessment on financial criteria.

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36.3. For each Project Group, Eligible Bidder shall be ranked from the lowest to the highest
based on the Financial Bid submitted by the Bidder.
36.4. Eligible Bidder shall quote the First Year Tariff (“Quoted Tariff”) in the Financial Bid,
considering the provisions of escalation and format specified in Section VII. The Quoted
Tariff shall be calculated up to two (2) decimal places. The Bid shall be evaluated to
identify a maximum of three (3) Qualified Bidders for each Project Group, subject to the
provisions of clause 5.
36.5. Eligible Bidder with lowest Quoted Tariff for given scope of work under each Project
Group shall become the L1 Qualified Bidder, followed by the next lowest, i.e L2 and L3,
for a Project Group.
36.6. CAPACITY ALLOCATION
36.6.1. The L1 Qualified Bidder will be allocated an initial capacity equivalent to
Bidder Quoted Capacity (MW) capped at fifty percent (50%) of Project Group
Capacity.
36.6.2. The L2 and L3 Qualified Bidders, have to mandatorily match their respective
Quoted Tariff with lowest Quoted Tariff of L1, in order to avail residual capacity
from the Project Group (after initial capacity allocation to L1). This residual
capacity from the Project Group, will be equally divided and allocated amongst,
L1, L2 and L3 Qualified Bidders.
36.6.3. If L2 and/or L3 refuse to acknowledge price matching with lowest Quoted
Tariff of L1 Qualified Bidder, then L1 will be allocated all of its Bid Quoted
Capacity for respective Project Group
36.6.4. In case Project Group Capacity remains unallocated amongst Qualified
Bidders (L1, L2 and L3), the option for matching lowest Quoted Tariff of L1
Qualified Bidder shall be extended to L4, L5, and so on, till the residual Project
Group Capacity is completely allocated amongst such Qualified Bidders.
36.7. LICA shall be issued to such Qualified Bidders and they shall be declared as
Successful Bidders.
36.8. In case where two or more Eligible Bidders bid the same lowest Quoted Tariff for the
same Project Group, Eligible Bidder with highest Net worth shall be declared as L1
Qualified Bidder.
36.9. The date of issuance of LICA shall be intimated by the Nodal Agency to the
Successful Bidder.
36.10. If Successful Bidder fails to acknowledge the same, submit the C-PBG and sign the
PPA as per the provisions of 3, the Nodal Agency reserves the right to annul/cancel the
LICA to Successful Bidder.
36.11. In such cases, the Project can be awarded to other Bidders in accordance with the
procedure mentioned in 36.14.
36.12. Nodal Agency at its own discretion, has the right to reject any or all the Bid without
assigning any reason whatsoever.
36.13. In case, within the Bid Validity Period, any organization or entity proposes to have
Project under RESCO mode (who is not present in ANNEXURE I), Nodal Agency shall
offer new Project to Eligible Bidder of the Project Group with firstly similar type of
Procurer and then size of the Project, at the same Quoted Tariff.
36.14. In case, L1 did not accept the offer, Nodal Agency shall offer new Project to L2 at L1
Quoted Tariff only. In case L2 rejects the offer, then Nodal Agency shall offer the new
Project to next Eligible Bidder in that Group, based on their Financial Bid. Nodal Agency
shall continue to do the same until they find a new L1 Bidder. Nodal Agency shall have
a choice to go beyond L5 in search of Successful Bidder, if required, but it is not an
obligation.

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36.15. Note:
36.15.1. Similar type of Procurer means, if earlier procurer is Health Department entity,
than the new Procurer must be a Health Department entity;

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SECTION VI. TERMS AND CONDITION FOR SUBSIDY PAYMENT


37. PAYMENT TERMS:
Subsidy from the State Government will be available for a total equivalent amount of
twenty five percent (25%) for all government buildings for grid connected solar power
plant. Out of this subsidy three percent (3%) will be reduced by Nodal Agency has
transaction cost for Bid Processing. The remaining subsidy shall be released in three
parts:
37.1. Advance subsidy payment of fifty (50%) percent of the subsidy value for PPA
Capacity of each Project under each Project Group as mentioned in ANNEXURE I
within fifteen (15) Days from the signing of PPA for fourteen (14) Months, if Power
Producer is willing to deposit Bank Guarantee in accordance with article 4.5.2 of the
PPA.
37.2. Successful Bidder shall be required to submit BG (if Successful Bidder willing to take
advance subsidy) fifteen (15) Days prior to advance subsidy
37.3. Subsidy payment of remaining subsidy value, within requirement. Advance subsidy
can be requested from Nodal Agency at any time before SCOD. forty five (45) Days
from the Completion of Project, with adjustment of Advance subsidy, if any. To get the
disbursement of subsidy payment, Power Producer shall require to present:
37.3.1. Self - Certified copy of application submitted to power Distribution Company
for connectivity of Project with grid;
37.3.2. Inspection Report along with duly signed completion certificate by Power
Producer and Inspecting Authority based on the achievement of minimum CUF in
accordance with Clause 19.
37.3.3. Coloured photograph of SPV Array, PCU and sign board duly certified by
Inspecting Authority;
37.3.4. A certificate from any licensee or contractor / supervisor certifying that the
electrical internal/external electrical work carried out is in accordance with the
norms of electrical safety standards;
37.4. The subsidy once availed, will be adjusted with quoted tariff of Qualified Bidder every
year as per Section VIII Schedule 1.
37.5. In case any C-PBG, BG (if available) or Bid Security is utilized, partly or fully, towards
recovery/ adjustment of LD/ penalty, the same shall be replenished to its original value
and validity period within seven (7) Days of written communication on this behalf from
Nodal Agency to Power Producer, failing which the Power Producer shall become
ineligible for further work orders being given under this RFP.
37.6. Nodal Agency shall recover/ adjust LD/penalty from any subsidy payment due to the
Power Producer. If recovery/ adjustment is not possible from payments due, the same
shall be done through C-PBG/BG against the work order/PPA concerned. Lastly, if
recovery/ adjustment of LD/ penalty is not possible against payment due or C-PBG/BG
concerned, it shall be done against any C-PBG/BG of the Power Producer with Nodal
Agency with respect to any other work.
37.7. Though, the subsidy will be paid within 45 days of project completion, the sale of
power by the power producer shall be permitted only after COD of the project is
achieved.
37.8. Note: Project Group “Commercial and Industrial” shall not be eligible for subsidy
however, each Project under such Project Group is eligible for World Bank concessional
funding for the Project capital cost in accordance with Clause 2.3.

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SECTION VII. CHECKLIST


38. Envelop I
S.No. Particular Format No. Copy
Attached
1 Covering Letter 1 Yes / No
2 Bid processing Fee (Non-Refundable) - Yes / No
3 Bid Security (In Bank Guarantee/FDR/DD) 4 (in case of Bank Yes / No
Guarantee)

39. Envelop II
S.No. Particular Format Copy
No. Attached
1. Power of Attorney in favour of authorised signatory, on 7 Yes / No
requisite value of stamp paper (Rs. 1000/-).
2. Board Resolution in support of power of attorney in - Yes / No
favour of authorized signatory (applicable for
companies)
3. General Particulars 2 Yes / No
4. Bidder's composition and ownership structure 3 Yes / No
(applicable for companies)
5. Declaration for Eligibility Criteria Requirement 8 Yes / No
(Financial)
6. Format For Certificate Of Relationship in case of 9 Yes / No
Affiliate (if applicable)
7. Certificate of Incorporation - Yes / No
8. Undertaking Form 10 Yes / No
9. Consortium/Joint Venture Agreement (If applicable) 12 Yes / No
10. Declaration 13 Yes / No
11. Board Resolution/power of attorney in favour of Lead 7 Yes / No
Bidder (if applicable)
12. RFP Document Sealed and Signed along with the - Yes / No
corrigenda and addenda (If any)

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SECTION VIII. FINANCIAL BID FORMAT


Financial Bid Project Group – [XX]
(To be submitted only with due encryption)

Operational Year Financial Bid for Project (INR/kWh)


1. T1 = ____________ [Quoted Tariff]

Note:
1. Quoted Tariff must be applicable for sale of Solar Power to Procurer from Initial Part
Commissioning to the end of first Operational Year. Bidder to provide the Quoted
Tariff up to 2 decimal places.
2. Quoted Tariff shall be escalated by 3% at the start of each Operational Year (second
Operational Year onward) till the Expiry Date;
3. All measurement and calculation of tariff after escalation for each Operational Year
shall be done up to two (2) decimal places, with the third digit of five (5) or above
being rounded up and below five (5) being rounded down.
4. The above Quoted Tariff is inclusive of any applicable taxes. However, if any new
change in tax/duty is effected in the period after the Bid Deadline and any time during
the period of Agreement, the same will be passed on by the Power Producer to the
Procurer.
5. Further, for clarification, PPA shall be signed for individual Projects under Project
Group but Quoted Tariff shall remain the same for all Projects under Project Group.
However, it shall be applicable in accordance with respective dates of part
commissioning/ full COD, as the case may be.
6. On availing state subsidy as per Article 37, the Quoted Tariff after escalation for each
operation year will be adjusted as per Schedule 1, in compliance with BERC Case
No-SMP-29/2018.
Tariff Schedule Tariff Adjustment
Operational
Quoted Schedule (on availing
Year
(Rs/kWh) subsidy) (Rs/kWh)
1 0.57
2 0.58
3 0.60
4 0.62
5 0.64
6 0.66
7 0.68
8 0.70
9 0.72
10 0.74
11 0.76

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12 0.78
13 0.81
14 0.83
15 0.86
16 0.88
17 0.91
18 0.94
19 0.96
20 0.99
21 1.02
22 1.05
23 1.08
24 1.12
25 1.15

Schedule 1: Tariff and subsidy adjustment schedule as per BERC Case No-SMP-
29/2018
Note:
Levelized Tariff defined by BERC (and its subsequent orders) at the time of Bid Submission
shall be kept into perspective while evaluating financial bids.

SEAL AND SIGN

AUTHORIZED SIGNATORY

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SECTION IX. TECHNICAL BID FORMAT


Name Design, Supply, Installation, Testing & Commissioning of Grid Connected Rooftop
of Solar Photovoltaic (PV) Systems for Sale of Power under RESCO model for
Work estimated 10 MW capacity at various locations in Bihar
Sl No. Items
NCB No: BREDA/TENDER/SPV/GCRTPV/RESCO/1kWp-500kWp/06/2018-19
1 Company Name
2 Registered Address of the Company
3 Company Identification Number (CIN)
4 Telegraphic Address
5 Telephone No
6 Fax No
7 email Address
Name & designation of the official of the Bidder to whom
8
all references shall be made
Name and address of local representative and telephone
9
& fax nos. If any
10 Capital i) Authorized
Structure
of the
11 ii) Paid up
Company

12 Name and address of the Bankers to the Company


GST Registration No. and GST Registration Certificate
13
details
Litigations, if any, pending settlement/decision as on the
14
date for submission of Bid.
15 Covering Letter (As per RFP Format No-1)
General Perticular of the Bidder (As per RFP Format No-
16
2)
17 Share Holding Certificate (As per RFP Format 3)
CONSTRUCTION PERFORMANCE BANK
18 GUARANTEE (C-PBG) Certificate (As per RFP Format
No- 4)
19 Check list for C-PBG (As per RFP Format No- 5)
Letter of Authorization/ Power of Attorney (As per RFP
20
Format No-6)
Annual Turn over and Net Worth (As per RFP Format
21
No- 7)
Undertaking towards not being blacklisted ( As per RFP
22
Format - 13)
23 Declaration Certificate (As per RFP Format No- 10)
INR 2,75,000/- per MWp of offered capacity
Bid
( Fifty Thousand per MWp only ) in the form
24 Security
of a DD/FDR/BG from any nationalized/
(EMD)
Scheduled Commercial Bank
25 Documents to be attached with the Bid as Annexures
Business Profile of Bidder Company (Not more than one
26
page of A4 size)
27 Certificate of Registration of Bidder Company
Memorandum and Articles of Association/ Bye- Laws of
28
Bidder Company
Annual Reports for the last Five completed Financial
29
Years

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Attested Copies of Completion Certificates issued by the


30
Owner in respect of the Projects completed.
Attested copies of the valid Registration Certificates of
31
GST
Signed and stamped copy of the Bidding Document
32 including amendments/clarifications, if any, issued by the
Owner.
ANY ADDITIONAL DOCUMENT / GENERAL
33
DOCUMENT
Evaluation will be done as per the information provided in the document attached with
tender.
Bidder may be disqualified, if documents are not attached properly.

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SECTION X. FORMATS FOR SUBMITTING RFP


FORMAT 1. COVERING LETTER

(The covering letter should be on the Letter Head of the Bidder/ Lead Member of
Consortium/Joint Venture)
Ref. No._____________ Date: ___________________
From: Insert name and address of Bidder)
Tel.:__________ Fax:__________
E-mail address:_____________
To: Director
Bihar Renewable Energy Development Agency
2rd Floor, Vidyut Bhawan, Building-II, South Wing, Bailey Road, Patna- 800021, Bihar

Sub: Request for Proposal (RfP) for Selection of Bidders for Implementation of Grid
Connected Rooftop Systems aggregating to about 10 MWp under RESCO Model at
various locations in the state of Bihar with RFP No
BREDA/TENDER/SPV/GCRTPV/RESCO/1kWp-500kWp/06/2018-19

Dear Sir,
We, the undersigned ________________ [insert name of the Bidder] having read,
examined and understood in detail the Request for Proposal (RFP) for Standardization of
Rates for work of Design, Engineering, Supply, Installation, Testing and Commissioning
Including Comprehensive Operation & Maintenance (for twenty five (25) Operational
Years for Sale of Solar Power aggregating to about ___ (in words) MWp under RESCO
Model at various locations in the state of Bihar, India., hereby submit our Bid comprising of
Financial Bid. We confirm that neither we nor any of our Affiliate has submitted Bid other
than this Bid directly or indirectly in response to the aforesaid RFP.
We give our unconditional acceptance to the RFP No.
BREDA/TENDER/SPV/GCRTPV/RESCO/1kWp-500kWp/06/2018-19,
dated 11.03.2019 and RFP attached thereto, issued by Bihar Renewable Energy
Development Agency, as amended. As a token of our acceptance to the RFP, the same
have been initialled by us and enclosed to the Bid. We shall ensure that we execute such
RFP as per the provisions of the RFP and provisions of such RFP shall be binding on us.
Project Groups
We are pleased to submit our bid for the following Project Groups as mentioned in table
below:

Project Group Number Project Group Name Participation*(Yes / No)


A.
B.
*Note: Bidder shall mention ‘Yes’ corresponding to Project Groups it wants to bid and
clearly mention ‘No’ for Project Groups where it does not intend to bid.
Bid Security
We have enclosed Bid Security in form of DD/ FDR/ Bank Guarantee for each Project
Group of amount as mentioned in this RFP, details of which are hereunder:

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Project Group Bid Security (INR Participation*(Yes / Bid Security Details


Lakhs) No)
A.
B.
*Note: Bidder shall mention ‘Yes’ corresponding to Project Groups it wants to bid and
clearly mention ‘No’ for Project Groups where it does not intend to bid
OR
We have enclosed a Bid Security in form of DD/ FDR/ Bank Guarantee (Bid Security
Details) of cumulative amount required of Rs. __________, subject to clause as
mentioned in this RFP.
We have submitted our Financial Bid strictly as per this RFP, without any deviations,
conditions and without mentioning any assumptions or notes for the Financial Bid in the
said format(s).
Acceptance
We hereby unconditionally and irrevocably agree and accept that the decision made by
Bihar Renewable Energy Development Agency in respect of any matter regarding or
arising out of the RFP shall be binding on us. We hereby expressly waive any and all
claims in respect of Bid process.
We confirm that there are no litigations or disputes against us, which materially affect our
ability to fulfil our obligations with regard to execution of projects of capacity offered.

Familiarity with Relevant Indian Laws & Regulations


We confirm that we have studied the provisions of the relevant Indian laws and regulations
as required to enable us to submit this Bid and execute the RFP, in the event of our
selection as Bidder. We further undertake and agree that all such factors as mentioned in
RFP have been fully examined and considered while submitting the Bid.

We undertake that we have satisfied ourselves with the site conditions of the projects and
our proposed Financial bid takes into consideration the existing site conditions.

Contact Person
Details of the contact person are furnished as under:
Particulars Description
Name
Designation
Company
Address
Phone Nos.
Fax Nos.
E-mail address

We are enclosing herewith the Envelope-I (Covering letter, Processing fee and Bid
Security) and Envelope-II (Technical documents) containing duly signed formats, each
one duly sealed separately, in one original as desired by you in the RFP for your
consideration.
It is confirmed that our Bid is consistent with all the requirements of submission as stated
in the RFP and subsequent communications from Bihar Renewable Energy Development
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Agency. The information submitted in our Bid is complete, strictly as per the requirements
stipulated in the RFP and is correct to the best of our knowledge and understanding. We
would be solely responsible for any errors or omissions in our Bid. We confirm that all the
terms and conditions of our Bid are valid for acceptance for a period of one hundred and
eighty (180) Days from Bid Deadline. We confirm that we have not taken any deviation so
as to be deemed non-responsive.
Dated the _____ day of___________2018
Thanking you,

We remain,
Yours faithfully,

Name, Designation and Signature of Authorized Person in whose name Power of


Attorney/Board Resolution.

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FORMAT 2. GENERAL PARTICULARS OF THE BIDDER

1 Name of the Company


2 Registered Office Address
3 E-mail
4 Web site
Authorized Contact Person(s) with name, designation,
5 Address and Mobile Phone No., E-mail address/ Fax No.
to whom all references shall be made
6 Year of Incorporation
Have the Bidder/Company ever been debarred By any
7
Govt. Dept. / undertaking for undertaking any work.
Reference of any documentation formation attached by
8
the Bidder other than specified in the RFP.
Whether the Bidder wishes to form a
9 Yes/No
Project Company for execution of work
10 Bidder is listed in India Yes/No
11 TIN No.
12 CST
13 GST No.
14 PAN No.
15 Service Tax (ST-2)
Certificate of Incorporation of Bidder/ Affiliate (as
16 Yes/No
applicable) enclosed
17 Partnership deed or LLPF/ Sole Proprietor registration Yes/No
(as applicable) enclosed

_____________________________
(Signature of Authorized Signatory)
With Stamp

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FORMAT 3. SHAREHOLDING CERTIFICATE

Name of the Equity Type and Number of % of equity holding Extent of Voting
holder shares owned rights

_______________________________
(Signature of Authorized Signatory) With Stamp

________________________________
(Signature of Company Secretary/Director/Chartered Accountant)

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FORMAT 4. FORMAT FOR BANK GUARANTEE FOR BID SECURITY

(To be on non-judicial stamp paper of INR 1000/-)

Ref.______________ Bank Guarantee No._________________________


Date:____________

In consideration of the [Insert name of the Bidder] (hereinafter referred to as Bidder)


submitting the response to Request for Proposal (RfP) for Selection of Bidders for
Implementation of Grid Connected Rooftop Systems aggregating to about 10 MWp under
RESCO Model at various locations in the state of Bihar in response to the RFP No.
BREDA/TENDER/SPV/GCRTPV/RESCO/1kWp-500kWp/06/2018-19 dated 11.03.2019
issued by Bihar Renewable Energy Development Agency (hereinafter referred to as Nodal
Agency) and Nodal Agency considering such response to the RFP of [insert the name of
the Bidder] as per the terms of the RFP, the[insert name & address of bank] hereby
agrees unequivocally, irrevocably and unconditionally to pay to Bihar Renewable Energy
Development Agency at Patna forthwith on demand in writing from Nodal Agency or any
Officer authorized by it in this behalf, any amount upto and not exceeding Rupees [Insert
amount] only, on behalf of M/s. [Insert name of the Bidder].
This guarantee shall be valid and binding on this Bank up to and including [insert date of
validity in accordance with this RFP] and shall not be terminable by notice or any change
in the constitution of the Bank or the term of Agreement or by any other reasons
whatsoever and our liability hereunder shall not be impaired or discharged by any
extension of time or variations or alternations made, given, or agreed with or without our
knowledge or consent, by or between parties to the respective Agreement.
Our liability under this Guarantee is restricted to Rupees (Rupees [Insert amount] only).
Our Guarantee shall remain in force until [insert date of Bid Validity Period in accordance
with this RFP]. Only Nodal Agency shall be entitled to impose penalty equivalent to this
Guarantee till _____ [Insert date which is 30 Days after the date in the preceding
sentence].
The Guarantor Bank hereby agrees and acknowledges that only the Nodal Agency shall
have a right to impose penalty equivalent to this BANK GUARANTEE in part or in full, as it
may deem fit.
The Guarantor Bank hereby expressly agrees that it shall not require any proof in addition
to the written demand by Nodal Agency, made in any format, raised at the above
mentioned address of the Guarantor Bank, in order to make the said payment to Nodal
Agency.
The Guarantor Bank shall make payment hereunder on first demand without restriction or
conditions and notwithstanding any objection by [Insert name of the Bidder] and/or any
other person. The Guarantor Bank shall not require Nodal Agency to justify the invocation
of this BANK GUARANTEE, nor shall the Guarantor Bank have any recourse against
Nodal Agency in respect of any payment made hereunder.
This BANK GUARANTEE shall be interpreted in accordance with the laws of India and the
courts at Patna shall have exclusive jurisdiction.
The Guarantor Bank represents that this BANK GUARANTEE has been established in
such form and with such content that it is fully enforceable in accordance with its terms as
against the Guarantor Bank in the manner provided herein.
This BANK GUARANTEE shall not be affected in any manner by reason of merger,
Amalgamation, restructuring or any other change in the constitution of the Guarantor
Bank.
This BANK GUARANTEE shall be a primary obligation of the Guarantor Bank and
accordingly Nodal Agency shall not be obliged before enforcing this BANK GUARANTEE

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to take any action in any court or arbitral proceedings against the Bidder, to make any
claim against or any demand on the Bidder or to give any notice to the Bidder or to
enforce any security held by Nodal Agency or to exercise, levy or enforce any distress,
diligence or other process against the Bidder.
Notwithstanding anything contained hereinabove, our liability under this Guarantee is
restricted to Rupees [Insert amount] (Rupees [Insert amount] only) and it shall remain in
force until [Date to be inserted on the basis of this RFP] with an additional claim period of
thirty (30) Days thereafter. We are liable to pay the guaranteed amount or any part thereof
under this Bank Guarantee only if Nodal Agency serves upon us a written claim or
demand.
______________________
Power of Attorney No.
For [Insert Name of the Bank]
Banker's Stamp and Full Address.
Dated this ____ day of ____, 20__

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FORMAT 5. FORMAT FOR CONSTRUCTION PERFORMANCE BANK GUARANTEE

(To be on non-judicial stamp paper of Minimum Rs. 1000/-)


In consideration of the [Insert name of the Bidder] (hereinafter referred to as (Bidder)
submitting the response to Request for Proposal (RFP) for Selection of Bidders for
Implementation of Grid Connected Roof Top Solar PV Projects for Sale of Solar Power
aggregating to about 10 MWp under RESCO Model at various locations in the state of
Bihar in response to the RFP No: BREDA/TENDER/SPV/GCRTPV/RESCO/1kWp-
500kWp/06/2018-19 dated: 11.03.2019 issued by Bihar Renewable Energy Development
Agency (hereinafter referred to as Nodal Agency) and Nodal Agency considering such
response to the RFP of [insert the name of the Power Producer] (which expression shall
unless repugnant to the context or meaning thereof include its executers, administrators,
successors and assignees) and selecting the Project of the Power Producer and issuing
LICA No. __________________to [Insert Name of Power Producer] as per terms of RFP
and the same having been accepted by the selected Project Company, M/s {a Special
Purpose Vehicle (SPV) formed for this purpose}, if applicable]. As per the terms of the
RFP, the [insert name & address of bank] hereby agrees unequivocally, irrevocably and
unconditionally to pay to Bihar Renewable Energy Development Agency at Patna forthwith
on demand in writing from Nodal Agency, or any officer authorized by it in this behalf, any
amount upto and not exceeding Rupees [Insert amount] [Rupees [Insert amount] (Total
Value in words)] only, on behalf of M/s [Insert name of the Power Producer / Project
Company].This guarantee shall be valid and binding on this Bank up to and including
_______________and shall not be terminable by notice or any change in the constitution
of the Bank or the term of Agreement or by any other reasons whatsoever and our liability
hereunder shall not be impaired or discharged by any extension of time or variations or
alternations made, given, or agreed with or without our knowledge or consent, by or
between parties to the respective Agreement.
Our liability under this Guarantee is restricted to Rupees_____________________(both in
numbers and words)
Our Guarantee shall remain in force until Nodal Agency shall be entitled to invoke this
Guarantee till_______________. The Guarantor Bank hereby agrees and acknowledges
that Nodal Agency shall have a right to invoke this BANK GUARANTEE in part or in full,
as it may deem fit.
The Guarantor Bank hereby expressly agrees that it shall not require any proof in addition
to the written demand by Nodal Agency, made in any format, raised at the above
mentioned address of the Guarantor Bank, in order to make the said payment to Nodal
Agency.
The Guarantor Bank shall make payment hereunder on first demand without restriction or
conditions and notwithstanding any objection by [Insert name of the Power Producer. The
Guarantor Bank shall not require Nodal Agency to justify the invocation of this BANK
GUARANTEE, nor shall the Guarantor Bank have any recourse against Nodal Agency in
respect of any payment made hereunder.
This BANK GUARANTEE shall be interpreted in accordance with the laws of India and the
courts at Patna shall have exclusive jurisdiction.
The Guarantor Bank represents that this BANK GUARANTEE has been established in
such form and with such content that it is fully enforceable in accordance with its terms as
against the Guarantor Bank in the manner provided herein.
This BANK GUARANTEE shall not be affected in any manner by reason of merger,
amalgamation, restructuring or any other change in the constitution of the Guarantor
Bank.
This BANK GUARANTEE shall be a primary obligation of the Guarantor Bank and
accordingly Nodal Agency shall not be obliged before enforcing this BANK GUARANTEE
to take any action in any court or arbitral proceedings against the selected Power
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Producer / Project Company, to make any claim against or any demand on the Power
Producer or to give any notice to the Power Producer / Project Company or to enforce any
security held by Nodal Agency or to exercise, levy or enforce any distress, diligence or
other process against the Power Producer / Project Company.
Notwithstanding anything contained hereinabove, our liability under this Guarantee is
restricted to Rupees [Insert amount] (Rupees [Insert amount] only) and it shall remain in
force until we are liable to pay the guaranteed amount or any part thereof under this Bank
Guarantee only if Nodal Agency serves upon us a written claim or demand.
__________________
Signature
Name
Power of Attorney No.
For
[Insert Name of the Bank]
Banker's Stamp and Full Address.
Dated this ____ day of ____, 20__

Witness:
___________________
Signature
Name and Address_____________________

____________________
Signature
Name and Address_____________________________

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FORMAT 6. CHECK LIST FOR C-PBG

S. No. Details of checks YES/NO


1 Is the Bank Guarantee on non-judicial Stamp paper of
appropriate value, as per applicable Stamp Act of the place of
execution
2 Whether date, purpose of purchase of stamp paper and name of
the purchaser are indicated on the back of Stamp paper under
the Signature of Stamp vendor? (The date of purchase of stamp
paper should be not later than the date of execution of Bank
Guarantee and the stamp paper should be purchased either in
the name of the executing Bank or the party on whose behalf the
Bank Guarantee has been issued. Also the Stamp Paper should
not be older than six (6) Months from the date of execution of
Bank Guarantee).
3 Has the executing Officer of Bank Guarantee indicated his
name, designation and Power of Attorney No. /Signing Power
no. on the Bank Guarantee?
4 Is each page of Bank Guarantee duly signed / initialled by
executant and whether stamp of Bank is affixed thereon?
Whether the last page is signed with full particulars including two
witnesses under seal of Bank as required in the prescribed
Performa?
5 Does the Bank Guarantees compare verbatim with the Performa
prescribed in the Bid Documents?
6 Are the factual details such as Bid Document No. / Specification
No., / LOI No. (if applicable) / Amount of Bank Guarantee and
Validity of Bank Guarantee correctly mentioned in the Bank
Guarantee
7 Whether overwriting/cutting if any on the Bank Guarantee have
been properly authenticated under signature & seal of
executant?

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FORMAT 7. POWER OF ATTORNEY

(To be on non-judicial stamp paper of Minimum Rs. 1000/-)


Power of Attorney to be provided by the Bidder in favour of its representative as evidence
of authorized signatory’s authority.
Know all men by these presents, We (name and address of the registered office of the
Bidder as applicable) do hereby constitute, appoint and authorize Mr. /Ms. (name
&residential address) who is presently employed with us and holding the position of
___________ as our true and lawful attorney, to do in our name and on our behalf, all
such acts, deeds and things necessary in connection with or incidental to submission of
our Bid for Selection of Bidders for Implementation of Roof Top Solar PV Projects
aggregating to about 10 MWp under RESCO Model at various locations in the state of
Bihar in response to the RFP No: BREDA/TENDER/SPV/GCRTPV/RESCO/1kWp-
500kWp/06/2018-19 dated: 11.03.2019 issued by Nodal Agency including signing and
submission of the Bid and all other documents related to the Bid, including but not limited
to undertakings, letters, certificates, acceptances, clarifications, guarantees or any other
document which the Nodal Agency may require us to submit. The aforesaid Attorney is
further authorized for making representations to the Bihar Renewable Energy
Development Agency and providing information / responses to Nodal Agency representing
us in all matters before Nodal Agency and generally dealing with Nodal Agency in all
matters in connection with Bid till the completion of the bidding process as per the terms of
the above mentioned in RFP.
We hereby agree to ratify all acts, deeds and things done by our said attorney pursuant to
this Power of Attorney and that all acts, deeds and things done by our aforesaid attorney
shall be binding on us and shall always be deemed to have been done by us.
All the terms used herein but not defined shall have the meaning ascribed to such terms
under the RFP.
_________________________
Signed by the within named
(Insert the name of the executants company)
through the hand of
Mr_______________
duly authorized by the Board to issue such Power of Attorney
Dated this _________ day of__________
Accepted
______________________________
Signature of Attorney
(Name, designation and address of the Attorney)
Attested
_________________________________
(Signature of the executant)
(Name, designation and address of the executant)
____________________________________________________
Signature and stamp of Notary of the place of execution
Common seal of ___________has been affixed in my/our presence pursuant to Board of
Director’s Resolution dated

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WITNESS
_______________________
(Signature)
Name______________________
Designation ____________________________
______________________________
(Signature)
Name __________________________
Designation________________________

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FORMAT 8. FINANCIAL ELIGIBILITY CRITERIA REQUIREMENT

(To be submitted on the letterhead of Bidder/ Lead Member/ Member of Consortium/Joint


Venture)
To,
Bihar Renewable Energy Development Agency
2rd Floor, Vidyut Bhawan, Building-II, South Wing, Bailey Road, Patna- 800021, Bihar
+91 – XXXX 0000000

Dear Sir,
Sub: Selection of Bidders for Implementation of Grid Connected Rooftop Systems
aggregating to about 10 MWp under RESCO Model at various locations in the state of
Bihar in response to the RFP No: BREDA/TENDER/SPV/GCRTPV/RESCO/1kWp-
500kWp/06/2018-19. dated: 11.03.2019
We submit our Bid for which details of our Financial Eligibility Criteria Requirements are as
follows.
Net worth of Indian Rupees __________ Lakh computed as per instructions provided in
this RFP based on unconsolidated audited annual accounts (refer Note-1 below). The
relevant financial statement for respective years shall be enclosed, duly signed by
authorised signatory.
Financial Criteria
(fill as applicable)
Name of Entity Net worth (INR
Financial Year to be met as per
being evaluated Lakh)
Table 1 (Clause
3.9.3)

Note:
The bidders shall declare in undertaking (Format-11) the criteria on which they fulfil the
financial eligibility as per the provisions of this RFP.
Yours faithfully
_____________________
(Signature and stamp of Authorized Signatory of Bidder)
Name:_______________
Date:________________
Place: _________________

___________________________
(Signature and stamp (on each page) of Chartered Accountant/Statutory Auditors of
Bidder.
Name:_____________________
Date:_______________________
Place:______________________

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Notes:
Audited consolidated annual accounts of the Bidder may also be used for the purpose of
financial criteria provided the Bidder has at least 26% equity in each company whose
accounts are merged in the audited consolidated accounts and provided further that the
financial capability of such companies (of which accounts are being merged in the
consolidated accounts) shall not be considered again for the purpose of evaluation of the
Bid.

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FORMAT 9. FORMAT FOR CERTIFICATE OF RELATIONSHIP OF AFFILIATE WITH


THE BIDDER

To,
Bihar Renewable Energy Development Agency
2rd Floor, Vidyut Bhawan, Building-II, South Wing, Bailey Road, Patna- 800021, Bihar

Dear Sir,
Sub: Request for Proposal (RfP) for Selection of Bidders for Implementation of Grid
Connected Rooftop Systems for an aggregated capacity of about 10 MWp under RESCO
Model at various locations in the State of Bihar
We hereby certify that M/s___________, M/s___________, M/s__________ are the
Affiliate(s) of the Bidder as per the definition of Affiliate as provided in this RFP and based
on details of equity holding as on seven (7) Days prior to the Bid Deadline.
The details of equity holding of the Affiliate /Bidder or vice versa as on seven (7) Days
prior to the Bid Deadline are given as below:
a) In case of Bidder being Company/ LLP/ Partnership Firm/ Sole – Proprietor:
Name of Company/ LLP/ Partnership Firm/ Sole – Proprietor Name of the Affiliate
Details of
Equity Holding

OR
b) In case of Bidder being Consortium/Joint Venture
Name of Member of Consortium/Joint Venture Name of the Affiliate Details of
Equity Holding

Yours Faithfully
______________________________
(Insert Name and Signature of Statutory Auditor or practicing Company Secretary of the
Bidder/ Member of Consortium/Joint Venture)

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FORMAT 10. UNDERTAKING FORM

Undertaking from Affiliate of Bidder/ Lead Member/ Member of Consortium/Joint Venture

Name:_______________
Full Address:__________________
Telephone No.: E-mail address: Fax/No.:_______________________
To,
___________________
Dear Sir,
We refer to the RFP No: BREDA/TENDER/SPV/GCRTPV/RESCO/1kWp-
500kWp/06/2018-19 dated: 11.03.2019 for Request for Proposal (RfP) for Selection of
Bidders for Implementation of Grid Connected Rooftop Systems under RESCO Model at
various locations in the State of Bihar.
We have carefully read and examined in detail the RFP regarding submission of an
undertaking, as per the prescribed Format at Annexure of the RFP.
We confirm that M/s (Insert name of Bidder) has been authorized by us to use our
financial capability for meeting the Financial Eligibility as specified in the RFP referred to
above in terms of Net worth.
We have also noted the amount of the Performance Guarantees and Bid Security required
to be submitted as per the RFP by (Insert the name of the Bidder) in the event of it being
selected as the Power Producer.
In view of the above, we hereby undertake to you and confirm that in the event of failure of
(Insert name of the Bidder) to submit the Performance Guarantees and Bid Security in full
or in part at any stage, as specified in the RFP, we shall submit the Performance
Guarantee and Bid Security not submitted by (Insert name of the Bidder)”.
We also undertake that we shall maintain our ownership in M/s___________ (insert name
of bidder) at minimum 26% for period of one (1) Year from COD, subject to provisions of
Clause 3.3b). (in case of affiliate)
We have attached hereto certified true copy of the Board Resolution, whereby the Board
of Directors of our Company has approved issue of this Undertaking by the Company.
All the terms used herein but not defined, shall have the meaning as ascribed to the said
terms under the RFP.
________________________
Signature of Chief Executive Officer/Managing Director
Common seal of has been affixed in my/our presence pursuant to
Board of Director’s Resolution dated
WITNESS
______________________
(Signature)
Name_______________
Designation_________________

____________________

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(Signature)
Name______________
Designation________________

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Request for Proposal (RfP)

FORMAT 11. FORMAT FOR AGREEMENT

(To be submitted on non-judicial stamp paper of INR 1000/-)


This agreement is signed on this ---- (day)------- of ----(month)---- of ----(year)------ at Patna
between M/s------------------------------------------------------------------------------------ (here-in-after
called as “Party No 1”), and Bihar Renewable Energy Development Agency, Patna (here-
in-after called as “Party No.2”), on the following terms and conditions:
That, the “Party No.1” has agreed to Execute Work as per Scope, Specifications and all
terms and conditions mentioned in the RFP No:
BREDA/TENDER/SPV/GCRTPV/RESCO/1kWp-500kWp/06/2018-19 dated: 08-04-2019
issued by “Party No.2”.
That, the “Party No.1” has also agreed to execute work of Design, Engineering, Supply,
Installation, Testing and Commissioning, including Insurance, Warranty, Spare Parts and
Operation & Maintenance of Grid Connected Roof Top Solar PV Projects for Sale of Solar
Power under RESCO Model as per scope of work, specifications and all terms and
conditions mentioned in RFP No: BREDA/TENDER/SPV/GCRTPV/RESCO/1kWp-
500kWp/06/2018-19 dated: 08-04-2019 issued by “Party No.2”, on the rates already
accepted / agreed upon as mentioned in the annexed “Financial Bid” sheet, on
standardized rates.
That, the rates shown in the Financial Bid sheet(s) enclosed are valid up to _____-_____-
20___.
That, all terms and conditions, scope of work and specifications mentioned in RFP No:
BREDA/TENDER/SPV/GCRTPV/RESCO/1kWp-500kWp/06/2018-19 dated: 08-04-2019
issued by “Party No.2”, which have been agreed upon and also the condition(s) contained
in the correspondence(s) made in this matter will also form part of this Agreement.
That all the terms and conditions of the Agreement for twenty five (25) Operational Years
Comprehensive O&M shall form part of this agreement.
That, in the event of any dispute or difference whatsoever arising under this Agreement,
the same shall be referred to arbitrator which shall be as per the provisions of the Indian
Arbitration Act, 1996 and the Rule(s) there under. All the proceedings under arbitration will
take place in Patna. The award in such arbitration shall be final and binding on both the
parties. In this case, the arbitrator shall be Director.
The agreement will be valid up to ____-____-20___. The validity period may be extended
further with the Mutual Consent on unchanged Terms & Condition(s), Specification(s) and
Rate(s) up to one Year.
For, the matter(s) of any dispute between the “Party No.1” and “Party No.2” shall be
subjected to Patna jurisdiction.
That, this agreement executed between the parties who affix their signatures at Patna, in
witness whereof the parties hereto have signed the agreement:

Witnesses;
Party No.1
1.
Party No.2
2.

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FORMAT 12. FORMAT FOR CONSORTIUM/JOINT VENTURE AGREEMENT

Joint Bidding/ Consortium Agreement Format for Participation in


“Request for Proposal (RfP)
For
Selection of Bidder
For
Design, Engineering, Supply, Installation, Testing and Commissioning
Including Insurance, Warranty, Spare Parts and Operation &Maintenance of
Grid Connected Roof Top Solar PV Projects for Sale of Solar Power under RESCO Model
At
Various Locations in the State of Bihar
(To be executed on Stamp Paper of INR 1000/-)

THIS JOINT BIDDING AGREEMENT is entered into on this ___ day of _____ 2017.
BETWEEN
{_______________________________, party on First Part of Consortium/Joint Venture}
and having its registered its registered office at_______________________ (Hereinafter
referred to as the “First Part” or “Lead Member” which expression shall, unless repugnant
to the context include its successors and permitted assigns)
AND
________________________________ Having its registered office at
__________________________________________________________.(Hereinafter
referred to as the “Second Part” or “Member” which expression shall, unless repugnant to
the context include its successors and permitted assigns) The above mentioned parties of
the First and Second Part are collectively referred to as the “Parties” and each is
individually referred as a “Party”
WHERE AS,
i. Bihar Renewable Energy Development Agency (hereinafter referred to as the “Bihar
Renewable Energy Development Agency” which expression shall, unless repugnant to the
context or meaning thereof, include its administrators, successors and assigns) has
invited applications (the “Applications”) by its RFP No: RFP No:
BREDA/TENDER/SPV/GCRTPV/RESCO/1kWp-500kWp/06/2018-19 dated: 11.03.2019
for award of the rate contract/ work under “Selection of Bidders for Design, Engineering,
Supply, Installation, Testing and Commissioning Including Insurance, Warranty, Spare
Parts and Operation &Maintenance of Grid Connected Roof Top Solar PV Projects for
Sale of Solar Power under RESCO Model at Various Locations in the State of Bihar
(hereinafter called “Project”) and Selection of Bidders for the same.
ii. The Parties are interested in jointly bidding for the Project as members of
Consortium/Joint Venture in accordance with the terms and conditions of the RFP
document and other bid documents in respect of the Project, and
iii. It is a necessary condition under the RFP document that the members of the
Consortium/Joint Venture shall enter into a Consortium/Joint Venture agreement and
furnish a copy thereof with the Application.
NOW IT IS HEREBY AGREED as follows:
Definitions and Interpretations

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Request for Proposal (RfP)

In this agreement, the capitalized terms shall, unless the context otherwise require, have
the
Meaning ascribed thereto under the above mentioned RFP.
1. Consortium/Joint Venture
The Parties do hereby irrevocably constitute a Consortium/Joint Venture (the
“Consortium/Joint Venture”) for the purposes of jointly participating in the Bidding Process.
The Parties hereby undertake to participate in the Bidding Process in a Project Group as
per Table 1 of this RFP, only through this Consortium/Joint Venture and not individually
and/ or through any other Consortium/Joint Venture constituted for this RFP, either directly
or indirectly or through any of their Affiliate(s).
2. Role of the Parties
The Parties hereby undertake to perform the roles and responsibilities as described
below:
a) The parties agree to submit bid as Consortium/Joint Venture for following
Project Groups: Project Group Participation*(Yes / No)
A.
B.
*Note: Bidder shall mention ‘Yes’ corresponding to Project Groups it wants to bid and
clearly mention ‘No’ for Project Groups where it does not intend to bid
b) Only First Part shall be evaluated for qualification against technical eligibility criteria as
per RFP.
c) First Part shall have the power of attorney from all Parties for conducting all business
for and on behalf of the Consortium/Joint Venture during the Bidding Process and after its
selection as Successful Bidder.
d) First Part would be responsible and obligated for successful execution of all work
awarded to them by Bihar Renewable Energy Development Agency and in no
circumstances the same shall be the responsibility of Second Part. Pursuant to selection
of Successful Bidder as per criteria delineated in the RFP, all obligations as per RFP shall
be borne by the First Part.
e) Second Part shall work in accordance with roles and responsibilities assigned to them
by First Part as a part of their internal understanding.
f) Parties have agreed and documented clearly stated roles and responsibilities between
First Part and Second Part for execution of work awarded by Bihar Renewable Energy
Development Agency.
g) Subject to the terms of this agreement, the share of each Member of the
Consortium/Joint Venture in the “issued equity share capital” shall be in the following
proportion: (if applicable)
Name of Member Proposed % Equity holding
Lead Member (At least 50%)
Member 1

3. Termination

This Agreement shall be effective from the date hereof and shall continue in full force and
effect until the date of validity period of Award and further in accordance with the LICA
subsequently issued if bid arrives as successful. However, in case the Consortium/Joint

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Venture is either not pre-qualified for the Project or does not get selected for Award of the
work, the Agreement will stand terminated in case the Applicant is not pre-qualified.
4. Miscellaneous
This Joint Bidding Agreement shall be governed by laws of India. The Parties
acknowledge and accept that this Agreement shall not be amended by Parties without the
prior written consent of the Bihar Renewable Energy Development Agency. Party of First
Part would decide on the representative of Consortium/Joint Venture at Bihar Renewable
Energy Development Agency.

IN WITNESS WHERE OF THE PARTIES ABOVE NAMED HAVE EXECUTED AND


DELIVERED THIS AGREEMENT AS OF THE DATE FIRST ABOVE WRITTEN.
SIGNED, SEALED AND DELIVERED For
and on behalf of Lead Member by:
SIGNED, SEALED AND DELIVERED For
and on behalf of Second Part:
(Signature) (Signature)
(Name & Designation) (Name & Designation)
(Address) (Address)
In Presence of : In Presence of :
Witness -1 Witness -1
Witness -2 Witness -2

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Request for Proposal (RfP)

FORMAT 13. DECLARATION

(Required to be submitted by the Bidder on Original Letter Head of company)


We have carefully read and understood the enclosed Terms and Conditions of the RFP
and agree to abide by them.
We declare that we are (please specify & tick mark the relevant point(s) and cross the
others):
1. We declare that we have not been Black listed or otherwise for any Supply of
Goods / Services / Works by any Ministry / Department / PSU of Central Government /
Any of the State Government(s), anytime / anywhere in the Country Debarred or have
failed to execute any previous work of Bihar Renewable Energy Development Agency.
2. We solemnly undertake that the responsibility of execution of the Work as per the
terms and conditions of the RFP/ Contract Agreement shall be entirely ours.
3. We declare that we have not taken any support from any of the independent
Consultant or Consulting Agency who is associated with Nodal Agency in any form while
preparing RFP.
If this Declaration is found to be incorrect or if any RFP Condition is found violated by us,
then without prejudice to any other action our Bid Security / Security Deposit may be
forfeited in full and the Proposal to the Extent of Acceptance / anytime during Execution of
Assignment may be cancelled.

(Signature of Authorized Signatory)


(Name & Designation in block letters)

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FORMAT 14. FORMAT FOR BANK GUARANTEE (BG) FOR ADVANCE SUBSIDY

(To be on non-judicial stamp paper of Minimum Rs. 1000/-)


In consideration of the [Insert name of the Bidder] (hereinafter referred to as (Bidder)
submitting the response to Request for Proposal (RfP) for Selection of Bidders for
Implementation of Grid Connected Rooftop Systems aggregating to about 10 MWp under
RESCO Model for Sale of Solar Power at various locations in the state of Bihar in
response to the RFP No: BREDA/TENDER/SPV/GCRTPV/RESCO/1kWp-
500kWp/06/2018-19 dated: 11.03.2019 issued by Bihar Renewable Energy Development
Agency (hereinafter referred to as Nodal Agency) and Nodal Agency considering such
response to the RFP of [insert the name of the Power Producer] (which expression shall
unless repugnant to the context or meaning thereof include its executers, administrators,
successors and assignees) and selecting the Project of the Power Producer and issuing
LICA No. _______to (Insert Name of Power Producer) as per terms of RFP and the same
having been accepted by the selected Project Company, M/s {a Special Purpose Vehicle
(SPV) formed for this purpose}, if applicable]. As per the terms of the RFP, the [insert
name & address of bank] hereby agrees unequivocally, irrevocably and unconditionally to
pay to Nodal Agency at [Insert Name of the Place from the address of the Nodal Agency]
forthwith on demand in writing from Nodal Agency, or any officer authorized by it in this
behalf, any amount upto and not exceeding Rupees______________
[Rupees_________(Total Value in words)] only, on behalf of M/s [Insert name of the
Power Producer / Project Company].This guarantee shall be valid and binding on this
Bank up to and including _______________ and shall not be terminable by notice or any
change in the constitution of the Bank or the term of Agreement or by any other reasons
whatsoever and our liability hereunder shall not be impaired or discharged by any
extension of time or variations or alternations made, given, or agreed with or without our
knowledge or consent, by or between parties to the respective Agreement.
Our liability under this Guarantee is restricted to Rupees_____________________(both in
numbers and words)
Our Guarantee shall remain in force until Nodal Agency shall be entitled to invoke this
Guarantee till_______________. The Guarantor Bank hereby agrees and acknowledges
that Nodal Agency shall have a right to invoke this BANK GUARANTEE in part or in full,
as it may deem fit.
The Guarantor Bank hereby expressly agrees that it shall not require any proof in addition
to the written demand by Nodal Agency, made in any format, raised at the above
mentioned address of the Guarantor Bank, in order to make the said payment to Nodal
Agency.
The Guarantor Bank shall make payment hereunder on first demand without restriction or
conditions and notwithstanding any objection by [Insert name of the Power Producer]. The
Guarantor Bank shall not require Nodal Agency to justify the invocation of this BANK
GUARANTEE, nor shall the Guarantor Bank have any recourse against Nodal Agency in
respect of any payment made hereunder.
This BANK GUARANTEE shall be interpreted in accordance with the laws of India and the
courts at Patna shall have exclusive jurisdiction.
The Guarantor Bank represents that this BANK GUARANTEE has been established in
such form and with such content that it is fully enforceable in accordance with its terms as
against the Guarantor Bank in the manner provided herein.
This BANK GUARANTEE shall not be affected in any manner by reason of merger,
amalgamation, restructuring or any other change in the constitution of the Guarantor
Bank.
This BANK GUARANTEE shall be a primary obligation of the Guarantor Bank and

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Request for Proposal (RfP)

accordingly Nodal Agency shall not be obliged before enforcing this BANK GUARANTEE
to take any action in any court or arbitral proceedings against the selected Power
Producer / Project Company, to make any claim against or any demand on the Power
Producer or to give any notice to the Power Producer / Project Company or to enforce any
security held by Nodal Agency or to exercise, levy or enforce any distress, diligence or
other process against the Power Producer / Project Company.
Notwithstanding anything contained hereinabove, our liability under this Guarantee is
restricted to Rupees _________ (Rupees __________ only) and it shall remain in force
until we are liable to pay the guaranteed amount or any part thereof under this Bank
Guarantee only if Nodal Agency serves upon us a written claim or demand.
__________________
Signature
Name
Power of Attorney No.
For
[Insert Name of the Bank]
Banker's Stamp and Full Address.
Dated this ____ day of ____, 20__

Witness:
___________________
Signature
Name and Address_____________________

____________________
Signature
Name and Address_____________________________

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ANNEXURE I

Project Type of Institution Estimated Capacity


Group (kWp)

A Health Department Buildings 5000


B Government Buildings in Bihar 5000

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Request for Proposal (RfP)

ANNEXURE II
1. Loan Amount and type of facility available:
1.1. Term Loan is available for up to 70% - 75% of the Project Cost only and subject to
project specifications.
1.2. For projects upto 1 MW capacity per borrower, term loan will be available upto 80%
of project cost.
1.3. SBI may provide need based working capital against receivables.
1.4. Need based NFB (LC/BG) facility.
2. Loan Repayment Period:
2.1. Door to Door tenor of Max 15 Years (comprising construction, moratorium and
repayment period).
Or
Loan tenor may be allowed upto 80% of the tenor of PPA/lease agreement,
whichever is lower.
2.2. For projects upto 1 MW capacity per borrower, repayment period would be Door to
door tenor up to ten years or 80% of tenor of PPA, whichever is lower.
2.3. Moratorium Period can be given upto 12 months from COD, within the overall Door
to Door tenor of 15 years. However, for project upto 1 MW capacity, moratorium
would be upto six months from DCCO.
3. Borrower’s Guarantee:
3.1. In case of Sole Proprietorship / Partnership Firm / Company, personal guarantee of
Proprietor / partners / directors to be obtained.
3.2. In case of Special Purpose Vehicle (SPVs) / Associates / Subsidiaries, Corporate
Guarantee of sponsor may be explored.
4. Rate of Interest:
4.1. Interest rate proposed for the Projects depends on the risk rating of Successful
Bidder with one year re-set as mentioned in below table.
Risk rating of Borrower Proposed Interest Rate (Linked to
current 1 Y-MCLR) with one year re-
set.
SB1 to SB3 or ECR AAA Current MCLR + 20 bps (spread)
SB4 or ECR AA+ Current MCLR + 25 bps (spread)
SB5 or ECR AA Current MCLR + 30 bps (spread)
SB6 or ECR AA- Current MCLR + 35 bps (spread)
SB7 or ECR BBB+ Current MCLR + 40 bps (spread)
SB8 or ECR BBB Current MCLR + 45 bps (spread)
SB9 to SB10or ECR BBB- Current MCLR + 50 bps (spread)
CRA below hurdle rate or Current MCLR + 90 bps (spread)
ECR with BB(-) : acceptable
only for existing connections
with the bank

5. Insurance:

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5.1. Project asset charged to the Bank shall be insured comprehensively against the
appropriate risks, including force majeure events both during and after the
construction period, till the term of loan is outstanding with the suitable bank clause
incorporated.
5.2. An open/comprehensive workmen insurance policy is also to be obtained for the
workers engaged for installation as well as O &M at the Project site. Also, third party
insurance to cover any damage to third party/public due to collapse/fire/accidents
etc.
6. Compliance of Environmental, Health, Safety and Social (EHSS) Impacts, Pre-setup
clearance/approvals and statutory Clearances and PPA:
6.1. Compliance of EHSS guidelines prescribed in ‘Operation Manual’, on the subject, is
to be ensured.
6.2. Pre-set up clearance/approval from State Agency/State Electricity Board/ Discom,
as the case may be, to be in place.
6.3. The required Project PPA/clearances/ approvals (as applicable) should be in place,
before disbursement of 1st tranche for each individual loans under the overall
sanctioned credit facility.
Note: All the above information are crucial for Commercial and Integration (C &I) Project
Group and above information has to be considered as additional information.

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ANNEXURE III
PPA is uploaded separately.

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